Whether your community is a condominium, subdivision, or you live in a cooperative, one of the most important functions of your association is to plan for an execute repairs and maintenance of common elements, areas, or assets. This requires money, which almost always comes solely from the assessment of member homeowners. Read the article…………………………………
Good Fences Make Good Neighbors: Know Your HOA Bylaws Before Installing a Fence (MI)
Property owners that are subject to restrictive covenants may want to install a fence for any number of reasons, such as keeping a dog or children in the yard, keeping pesky rabbits and deer out of the yard, or for aesthetic value. However, HOA bylaws commonly contain restrictions on fences, whether it be prohibiting fences […]
What is HOA Preventative Maintenance
Preventative maintenance refers to the routine maintenance tasks performed on the Association’s physical assets and mechanical equipment components. Preventative maintenance is performed to help extend the life of the different assets and equipment within the community’s property, decrease repair costs, and prevent the likelihood of equipment failure and unplanned downtime. Read the entire article……………………………….
Home Built in Violation of Restrictive Covenants Must Be Partially Demolished
Building a new home can be an exciting proposition, but it is important to review any declarations, deed restrictions, restrictive covenants, HOA Bylaws and HOA rules before having your plans drafted. It is common for platted subdivisions with homeowners associations to have some form of building restrictions. Common building restrictions in platted subdivisions often relate […]
How to Avoid Common Insurance Problems in Your Condominium Bylaws (MI)
Condominium insurance for units and common elements within the condominium requires the coordination of two different types of insurance. The first type of insurance is the master condominium policy purchased by the condominium association, which is also known as a “CGL” or commercial general liability policy. The second type of insurance is the unit insurance […]
Building HOA Committees
HOA Committees can be a valuable resource to the Homeowners and Board members they serve. They help complete specific tasks that might otherwise be overwhelming for a typical Board to take on as an additional responsibility. This article will explore the roles and responsibilities of Committees, the types of Committees an HOA can benefit from, […]
Everything You Need to Know About the 2022 Amendments to the Michigan Summer Resort and Park Associations Act
Summer resort and park associations are a unique type of community association that have been in existence in Michigan since 1887 but generally have been superseded over the past several decades by homeowners and condominium associations. Notwithstanding the rise of other types of community associations, Michigan summer resort and park associations can still be found, […]
HOA Complaints
As an HOA Board Member, you are likely faced with complaints from fellow homeowners. This can be daunting—especially when the homeowner is perceived as unreasonable or irate. Below are helpful tips to guide you through the process to achieve a successful resolution. Read the entire article……………………………….
Restrictive Covenants and Accessory Buildings: Is It Better to Ask Your HOA for Forgiveness or Permission? (MI)
United States Navy Rear Admiral Grace Hopper is quoted as saying, “It’s easier to ask forgiveness than it is to get permission.” Possibly because this saying is so popular, it can cause headaches for homeowners associations. This is particularly true when owners erect accessory buildings, such as a detached garage, in-law suite, out building, pool […]
Michigan Court Of Appeals Confirms Need To Pay Condo Dues
In Frye v. Golfpointe Village Condominium Association, ____ Mich. App _____, No. 355864 (2022), the Michigan Court of Appeals affirmed a trial court’s decision granting the Association summary disposition in a case where a Co-owner challenged the Association’s foreclosure action. Read the entire article……………………………….
Does Your Condominium Association or HOA Need to Update its Articles of Incorporation? (MI)
The vast majority of Michigan condominium and homeowners associations are formed as Michigan nonprofit corporations under the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq. In order to create a Michigan nonprofit corporation, such as a condominium or homeowners association, a developer is required to file the articles of incorporation with the Michigan Department of […]
Handling Document Requests from Members of Residential Associations (MI)
Residential association managers and directors should bear in mind that association members (co-owners or homeowners) will always have some rights to review Association records. These requests can sometimes seem burdensome, but, given the unique and complex relationship between an association and its members, and the fact that residential associations are funded by assessments paid by […]
What You Need to Know About Lien Priority Under the Michigan Condominium Act
The Michigan Condominium Act provides that sums assessed to a co-owner’s unit constitute a lien on the unit at the time they are assessed. If condo assessments remain unpaid, condominium associations typically record a notice of lien against the subject unit to perfect the security interest and put others on record notice. At a minimum […]
Court Requires More Disclosure For Michigan Condos And HOAs
A Michigan Court of Appeals decision suggests courts will view Michigan owner requests to inspect condominium, homeowner, and community association documents quite broadly and will generally frown on refusing to allow inspections absent very compelling reasons. While some legal questions remain, and cases like this will depend on their specific facts, the trend appears to […]
Appeals Court Decision Affects Michigan Condo Developers
The condominium association attorneys at Makower Abbate Guerra Wegner Vollmer won a significant published decision relevant to any Michigan condominium established ten or more years ago. Elizabeth Trace Condominium Ass’n v American Global Enterprises, Inc., ___ Mich App ___, No 355243 (2022) is the most recent in a series of Michigan Court of Appeals cases […]
New Construction Condos: What is the Implied Warranty of Habitability? (MI)
Purchasing a new construction condominium can be an exciting proposition. Generally speaking, a developer will provide an express written warranty to the purchaser of a new condominium unit that covers defective construction within the unit. However, in addition to the interior of a condominium unit, co-owners also purchase an undivided interest in the common elements […]
Residential Community Working Relationships
In order for there to be effective administration of your community, the Association’s board, the manager and Association legal counsel should be working together, and in their proper roles. This blog will briefly and generally examine these roles and how they complement one another. Read the entire article……………………………….
How to Resolve Conflicting Requests for Reasonable Accommodations Under the Federal Fair Housing Act
Handling requests for reasonable accommodations under the federal Fair Housing Act, 42 USC § 3601 et seq. (“FHA”), can be one of the more daunting aspects of serving as a condominium or homeowners association board member. The potential legal risks that are attached with requests for reasonable accommodations, particularly if those requests are denied, are […]
Considerations in Choosing a Property Manager: the Management Contract (MI)
A healthy working relationship between a residential association and its professional manager goes a long way toward making a successful residential community. Property managers typically have years and years of experience in community management and are able to provide advice and guidance on all sorts of matters that affect a community. Read the entire article……………………………….
Homeowners Association May Be Liable to Adjoining Lot Owners for Failing to Maintain Seawall and Water Channel (MI)
In Residents of Fresh Air Park Sub v Pointe Rosa Homeowners Assoc, unpublished per curiam opinion of the Court of Appeals, issued September 22, 2021 (Docket No. 355011), the Michigan Court of Appeals dealt with a situation where adjoining property owners sued a homeowners association for failing to maintain a seawall and channel waterway. […]
Condominium Association/HOA Financing Options for Major Projects (MI)
Things fall apart. While in an ideal world, residential associations will have adequate reserves set aside to pay for repair and replacement of big-ticket items for which they have responsibility—things like pavement projects, roof replacement, siding replacement, etc., the reality is that, for whatever reason, when the time comes to replace roads or roofs, communities […]
Prepare your Condo for the new Fannie Mae and Freddie Mac Lending Requirements
The Surfside condominium collapse was devastating for the condominium community and served as a wakeup call for many condominium associations. Since the Surfside condominium collapse, co-owners in Florida and Wisconsin have been forced to evacuate condominiums as a result of unsafe structural conditions. As previously indicated in “The Surfside Condo Collapse: A Condo Association Tragedy”, […]
Michigan Court Decides that Short-Term Rentals Do Not Constitute ‘Residential Use
As renting residential property via websites has grown in popularity, so too have complaints from neighbors living in deed restricted communities. While these short-term rental opportunities may benefit the individual lot owners, they can represent a burden to some communities. A recent decision from the Michigan Court of Appeals serves as another in a growing […]
FNMA Lender Letter Articles
On October 13, 2021, the Federal National Mortgage Association (Fannie Mae) issued Lender Letter LL-2021-14 (“Lender Letter”), to take effect January 1, 2022. This Lender Letter temporarily revises the eligibility requirements for lenders issuing loans that may be purchased by Fannie Mae for properties located in condominiums containing five or more attached units. Read […]
Case Summary – Cherry Homes v Baker (MI)
As renting residential property via websites has grown in popularity, so too have complaints from neighbors living in deed restricted communities. While these short-term rental opportunities may benefit the individual lot owners, they can represent a burden to some communities. A recent decision from the Michigan Court of Appeals serves as another in a growing […]
Is a Condo Association Liable For Co-Owner Dog Bites? (MI)
Most condominium bylaws will contain some form of restrictions on animals. Enacting animal restrictions is a prudent approach for condominium and homeowners association to protect the members of their community. However, the adoption and enforcement of animal restrictions are not a guarantee that a dog will not bite another animal or human. Read the entire […]
Michigan Court Rules Condo Association Has Authority To Waive Assessment in a Settlement Agreement
In Deep Harbor Condo Ass’n v Marine Adventure, LLC, unpublished opinion of the Court of Appeals, issued December, 29, 2020 (Docket No. 349471), the Michigan Court of Appeals held that a dockominium association’s settlement agreement authorizing the temporary release of payment of assessments was enforceable under traditional contract principles. Read the entire article……………………………….
Top 3 reasons to Mediate and NOT Litigate!
When a dispute arises there are a few different ways to handle it. In some difficult situations solving this dispute in court is the best solution but there are drawbacks. Litigation is expensive, time-consuming, stressful and unpredictable; it disrupts people’s lives and damages relationships; and it produces results that are rarely satisfying. In situations where […]
Six Tips for Avoiding Disputes with Your Master Homeowners Association (MI)
It is not uncommon for condominiums and homeowners associations that are located within close proximity to each other to be part of a master homeowners association. Community associations that share and utilize certain property and resources generally are organized in one of two frameworks: (1) sub-associations that manage their own individual communities with an overarching […]
HOA Capital Improvements
When communities are built, they are done so to provide the lifestyle and amenities that residents desire at the time of development; however, as time passes, residents’ desires change, and so do their desired amenities for the communities that they live in or want to live in. In order for communities to keep up with […]
Michigan Court of Appeals affirms that short-term rentals violate HOA residential use restrictions
In Cherry Home Association v. Keith Barker, et. al., unpublished opinion of the Court of Appeals, issued October 21, 2021 (Docket No. 354841), the Michigan Court of Appeals upheld the Leelanau County Circuit Court’s ruling that frequent short-term rentals violated the residential use restrictions contained in the deed restriction for the homeowners association. The Court […]
Best Way to Get Past-Due Condominium Assessment Fees Paid! (MI)
Unfortunately, some condominium co-owners feel that they’re above the bylaws and continue to leave their assessment fees unpaid. If you on a condominium association’s board of directors and want to clean-up any delinquencies, there are steps that you can take. Read the entire article……………………………….
How To Collect Carrying Charges for a Michigan Housing Cooperative
Cooperatives offer a unique housing alternative to individuals. They are often compared to both apartment complexes and condominium projects but have significant differences. Housing cooperatives are different from condominiums in that residents do not own or hold title to their individual dwelling units. Read the entire article……………………………….
What to do when your Condo or HOA has been automatically dissolved (MI)
Michigan condominium and homeowners Associations are organized under the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq. As a result, they are subject to automatic dissolution if they fail to file an annual report or pay an annual filing fee for a period of two years. See MCL 450.2922(1). But what happens when a dissolved […]
HOA Transition from Developer
We are often asked, “When should we start preparing for our HOA to transition from a developer-controlled board to a homeowner-controlled board?” Our answer is always the same, “starting on day one from when the developer first hires a professional management company.” Read the entire article……………………………….
10 Habits of Successful Community Associations
Community associations are unique entities, and the Boards that lead community associations fill unique roles. In our experience, the most successful Board members have strong integrity, reasonable judgment, a willingness to serve and are committed to the best interests of the community. Read the entire article……………………………….
Michigan Court Rules That Mortgage Foreclosure Statute Applies to Foreclosure of Condominium Liens
In Batth Investments, LLC v Miciura, unpublished per curiam opinion of the Court of Appeals, issued April 29, 2021 (Docket No. 352642), the Michigan Court of Appeals held that the codified requirements for mortgage foreclosures by advertisement, set forth in Chapter 32 of the Revised Judicature Act (the “Act”), MCL 600.3201 through 600.3285, apply to […]
The Importance of Percentage of Value in a Michigan Condominium
The Master Deed of every Michigan condominium is required to assign a “percentage of value” to each condominium unit. However, many co-owners and condominium associations do not understand the significance of the “percentage of value” assigned to each condominium unit. To some extent, confusion is created as the “percentage of value” assigned to each condominium […]
Hey! That’s My Land! (Or is it?): Adverse Possession and Acquiescence (MI)
You’ve just bought your dream property. It consists of a lot with a house on it and big side lot area. This entire parcel is listed in your legal property description. That means you are one about one lot away from having any neighbors on one side. Hooray! There is a visible fence that runs […]
Mold Prevention and Water Damage: Proactive Steps all Community Association Managers and Boards Should Know
From frozen pipes, broken appliance supply lines, to roof leaks and leaking drain pans, in townhome and attached condominiums, water intrusion can quickly wreak havoc for owners and the community association if not handled properly and quickly. Whenever you have organic material (such as drywall or wood) and moisture, you will eventually get mold. Read […]
Communications: When the board has different priorities
The successful and effective administration of a community often depends on several players, each bringing a unique, and necessary, factor to the equation. This composition includes the diverse background of the community association board members, and potentially other resources, such as a community association manager and legal counsel. Read the entire article……………………………….
Plan, Don’t React: 5 Things Every Board Member Must Consider for Long-Term Planning
Long-term planning is one of the primary duties an individual undertakes when seated on the board of directors for a community association. There is a constant balance that must be found between a desire to keep assessment levels steady (and low) and ensuring that the items which the association is responsible for repairing, replacing and […]
Michigan Supreme Court Holds That HOA Can Revoke Dock Approvals
As previously discussed in Michigan Court of Appeals Holds that HOA Cannot Revoke Approvals for Docks, the Michigan Court of Appeals held that an oral approval from an Allegan county homeowners association related to the installation of docks could ripen into a permanent easement to install docks. In Haan v Lake Doster Lake Association, unpublished […]
Condo Association Collections: Garnishees May Be Liable for Incorrect Payment (MI)
A published 2020 case from Michigan Court of Appeals makes it clear that a garnishee may be liable for a defendant’s debt, if the garnishee does not withhold the proper amount of payments. A garnishee is defined as “one who has property or money in his possession belonging to the defendant, so that the assets […]
The Surfside Condo Collapse: Lessons Learned from a Condo Association Tragedy
The Surfside condominium collapse is one of the most unspeakable tragedies in condominium history. As investigators continue to search for the cause or causes of the collapse, it is natural to search for solutions on how future building collapses or other disasters can be prevented. It is unlikely that there will be a “single” identifiable […]
Warning! If You Rent A Condominium or Live in One that You Do Not Own, You May Not Be Able to Challenge an Eviction by the Condominium Association (MI)
If you are a tenant or do not own the condominium unit you are living in and your landlord/owner wants to evict you, you have what is called “standing” to challenge the landlord/owner in court. However, if you rent or live in a condominium unit you do not own and the condominium association governing the […]
Joint Upkeep Obligations for Landowners Along Private Roads (MI)
On October 22, 2020, the Michigan Court of Appeals addressed maintenance issues for private roads. In Bayberry Group, Inc. v. Crystal Beach Condominium Association ____ Mich App ___ (2020), the Court of Appeals held that the requirement to maintain a private road easement by those with ingress and egress rights is limited solely to the […]
Architectural control provisions and proceedings pursuant to deed restrictions upheld by the Michigan Court of Appeals
In Steeplechase of Northville Owners Association v Talukder (unpublished decision by the Michigan Court of Appeals dated January 14, 2021; Case No. 349434; 2021 WL 137777), the deed restrictions or restrictive covenants governing a neighborhood required architectural approval from the property owners association’s committee for structures, landscaping items and other matters, including water fountains. The […]