When we speak with directors and other leaders from Michigan community associations, especially those from homeowners associations and subdivisions, we hear some common refrains when discussing the inadequacy of their regular monthly assessment/dues amounts. The Board may be fully aware that income is not sufficient to meet projected future costs, but for many reasons, the…
DetailsMost management companies recognize that in this dog-eat-dog world, marketing and advertising are extremely important in order to attract community association clients. In the old days, it was always the cheapest management company that had a leg up on getting the account. Nowadays, community associations tend to be more sophisticated in deciding which management company…
DetailsWe were alarmed when we first read the Community Association Institute’s (CAI) blog post regarding a new Fair Housing Act rule that is effective as of October 14, 2016. Of particular concern was the following statement: Under the rule, community associations may be liable under the Fair Housing Act for the discriminatory actions of residents who harass…
DetailsAfter working with California condominium and homeowner associations for over 10 years with a prominent community association law firm based in Los Angeles, my wife and I decided to move to the Detroit area to be closer to extended family. I had the fortune to join up with The Meisner Law Group here as a…
DetailsOver the course of our many years practicing condominium law, we have found that co-owners and board members alike will require guidance to correct some common misconceptions about condominium living and the respective responsibilities of the co-owners, management and board of directors of the Association. Following are some thoughts on some of the most persistent…
DetailsBoards of directors of community associations (and, unfortunately, even the attorneys advising them) will sometimes mistakenly believe that co-owners are not entitled to certain Constitutional rights of due process with respect to disciplinary hearings. They might warn a co-owner not to bring their attorney to a hearing or not allow an owner to cross-examine witnesses,…
DetailsThose of us who have been involved in representing community associations (in my case, for over forty-five years) have, no doubt, experienced a situation where so-called dissidents in a community association, for clearly irrational reasons, strive to seize control of the association so they can further their “platform”, which frequently leads to the demise of…
DetailsAttorney Brian Harris of The Meisner Law Group recently appeared at trial on behalf of one of our long-standing community association clients, and he successfully argued for application of a $500 limit on “incidental damage” set forth in the condominium’s Bylaws. The judge correctly applied the limit to the plaintiff’s damages. Incidental damage is usually defined, as in…
DetailsGood news for condominium associations throughout the nation – the National Chapter of Community Associations Institute (CAI) reports that H.R. 3700, the Housing Opportunity through Modernization Act, has been signed into law by the President. The Federal Housing Administration (FHA) will be required under the legislation to make the following changes to the FHA’s condominium approval process:…
DetailsMichigan condominium associations with annual revenues greater than $20,000 are required under the Michigan Condominium Act to submit their financial records for an annual audit or review by a Certified Public Accountant. However, many condominium associations do not know that the co-owners may vote to opt out of this requirement on an annual basis, by…
DetailsThis important victory for community associations was codified by the Michigan Court of Appeals in its recent published opinion issued July 2, 2015 in the case of Great Lakes Shores v Bartley. The importance of this decision cannot be overemphasized for any community association that seeks to recoup its legal fees and costs in a…
DetailsYou moved into a homeowner’s association where pets are not allowed. Or maybe you serve on the Board of Directors of a homeowner’s association where there is a “no pets” policy. Perhaps that is the reason you chose to move into that community or it was of one of several reasons. Then one day, you…
DetailsElection season is upon us and political signs are popping up everywhere. While many co-owners believe they have a first amendment right to put up political signs in a condominium, they should think again as a condominium association is not a governmental entity that is required to afford first amendment rights to its co-owners. While…
DetailsCondominium associations are largely governed by volunteer directors that receive little training with respect to their fiduciary duties and potential ethical issues that they may face. Each director has a fiduciary duty of care and duty of loyalty to act in the best interest of the association. Unfortunately, many directors blur the lines between what…
DetailsA reserve study is an inspection of the common elements that is intended to analyze the repair and replacement needs of a Condominium or HOA. A reserve study serves two important purposes. First, a reserve study allows for an Association to accurately budget for major repairs over an extended period of time and avoid large additional…
DetailsIt is the responsibility of the Board to enforce the Master Deed and Bylaws. MCL 559.190 allows for the Condominium Bylaws to be amended based upon a vote of 2/3 of the Co-Owners. In certain circumstances identified in MCL 559.190a, mortgagee approval is also required to amend the condominium documents. Many Associations run into problems…
Details*This article may not reflect current changes being made by FHA which are in the process of being finalized by FHA at this time. Contact us to confirm current requirements. An FHA loan allows a buyer to purchase a condominium with a smaller down payment, and in some instances, at lower interest rates. A purchaser can…
DetailsThe Michigan Condominium Act, specifically MCL 559.106(2), defines a “Developer” of a Michigan Condominium as follows: (2) “Developer” means a person engaged in the business of developing a condominium project as provided in this act. Developer does not include any of the following (a) A real estate broker acting as agent for the developer in…
Details1. Review the Condominium Documents. An electric vehicle charging station (EVCS) will likely need to be located on the common elements or be hooked up to common elements. The condominium documents almost always require Board approval before a co-owner can make a modification to the common elements. The Board should review the condominium documents to determine…
DetailsThe improving real estate market has resulted in decreased home inventories, which has created an increased demand for new construction condominiums. Many potential purchasers will look to buy new construction condominium units with the expectation that the general common elements will be free from construction defects. This expectation often arises from two common myths. First,…
DetailsMichigan has been blessed with the Great Lakes which has resulted in numerous condominium projects being developed on or near the water that are intended for daily or weekly use by temporary occupants. These condominium projects are often referred to as “Condominium Hotels”, “Resort Condominiums”, “Condotels” or “Vacation Condominiums” despite the fact that the Michigan…
DetailsBy Robert Meisner What is the duty of the Community Association (the Board of Directors) to act? I have been asked to write a brief article on whether Boards have a choice when it comes to enforcing the provisions of the Community Association Documents. What can be the consequences of that choice and to what…
DetailsBy Robert Meisner By giving property managers the power to oversee a community, they become potentially liable to persons who may be injured, or for property that may be damaged. Consequently, property managers are often named as defendants in premises liability and other lawsuits. Therefore, it is imperative that property managers understand their potential for…
DetailsBy Robert Meisner Frequently, the association will be called upon to determine whether or not a modification to the common elements, be it general or limited, should be approved by the board of directors. The condominium bylaws normally provide the standards under which the board should operate in approving the modifications. Generally speaking, the provision…
DetailsBy Robert Meisner Many of you have already or are considering the purchase of a second home, presumably in a locale with pleasant year round temperatures. Buying a condominium or a second home in a location other than where you live as a primary residence can offer interesting challenges. There is always a tendency to…
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