In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. 353045), the Michigan Court of Appeals ruled that the successor developer of a RV condominium improperly charged the co-owners for fees related to recreational facilities that the developer owned on […]
Slip and Fall on Sidewalk in Housing Cooperative (MI)
In dismissing a slip and fall case that occurred in a common area, the Michigan Court of Appeals delved into the differences between a housing cooperative and a condominium. Jeffrey-Moise v. Williamsburg Towne Houses Cooperative, Inc., No. 351813, 2021 WL 650475 (Mich. Court of Appeals, approved for publication on April 1, 2021). Read the […]
What Are the Requirements to File a Condo Association Lien under the Michigan Condominium Act?
While collecting delinquent condo dues is never really fun for a board of directors, it is essential for any well-run condominium association. One of the most common ways to collect delinquent condo dues is to place a lien for unpaid condo assessments on a co-owner’s unit. If the co-owner fails to pay the delinquent condo […]
Court Rules Condo Association is Entitled to Attorney’s Fees for Bylaw Violations (MI)
One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents. The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and […]
HOA Enforcement: Why Consistency is Important
Consistent and equitable enforcement of a Community’s governing documents, including the CC&Rs, is critical in creating a balanced, successful Association. Read the article…………………………………….
Fair Housing & HO Enforcement
Community association enforcement actions tend to be a conflicting topic for many homeowners and are often viewed as one of the most contentious issues they may face while living in a Homeowners Association (HOA). Additionally, the Board of Directors is faced with enforcing the association’s governing documents, while also being mindful of the Fair Housing […]
5 Tips for Successful HOA Board Members
The roles of Board members are vital to the success of your community association. As Board members, it is your fiduciary duty that the actions and decisions made consistently reflect the best interests of the community and its membership. Read the article………………………………….
Grabbing the Bully by the Horns
At times, serving on an association board can leave members feeling overwhelmed and underappreciated. To keep an association operating smoothly, board members must continually address both new and timeworn challenges with vision, diplomacy, efficiency and financial ingenuity. Read the article…………………….
HOA Lessons Learned – Case 3 Lease Agreement
As nightly rentals and short-term leasing accelerate in community associations, HOA boards have been challenged to both meet the desires of their individual members while balancing the wishes and interests of their wider communities. It is not uncommon for new, tighter leasing restrictions to be added to an HOA’s governing documents, but when these documents […]
Do Short-Term Rentals Constitute a Nuisance in Michigan?
Issues associated with short-term rentals are a major problem facing many Michigan homeowners associations. It is not uncommon for issues to arise between homeowners that use their property for short-term rental purposes and permanent residents. Permanent residents in historically residential communities that live next to short-term rentals often experience nuisance issues related to noise, parking, […]
Navigating Community Association Construction Agreements with Contractors for Renovation and Remodeling Projects
Construction agreements can often be some of the most costly expenses that condominium associations and homeowner associations (HOAs) will ever review and consider for approval regarding their common element projects. However, many associations neglect to retain legal counsel who has the expertise needed to draft and implement the most effective terms and agreements. Instead, Boards […]
Avoid Risky Policies when Collecting Assessments from Delinquent Condominium and HOA Homeowners (MI)
Question: Can the Board of a Condominium Association or HOA post a list of delinquent members on the Association’s website to shame them into paying? Read the Q&A……………………………….
Neighbor Disputes within Homeowners Associations: When should the HOA intervene?
Disputes between neighbors in a homeowners association inevitably arise. HOA board members often face difficult decisions in deciding whether to intervene in neighbor disputes that do not directly involve the HOA. If a violation of the restrictive covenants does not impact all owners, many HOA boards find it difficult to justify spending time and money […]
Appropriate Steps to take when Collecting Assessments from Delinquent Condominium and HOA Homeowners (MI)
If you are a Board Member of a condominium or homeowners’ association, you may encounter residents who do not pay their monthly or annual assessments on time. Although an association’s governing documents, along with Michigan law, outline the procedure for collecting assessments, they do not always include the timing or strategies involved. A collection policy […]
Fighting Your Condominium Association or HOA Could Cost You…. A Lot! (MI)
Depending on who you are, you either love living in a condominium or subdivision governed by a Homeowners Association (HOA) or you hate it. If you are one of those people that likes things uniform and loves following the rules, you are probably just fine living in a condo or under the rules/restrictions of an […]
Do You Have A Responsibility Matrix And Is It Up To Date (MI)
Boards and managers are always looking for ways to make the administration of their condominiums more efficient. Having to sort through the Master Deed (and multiple amendments too!) to figure out whether the association or co-owner is responsible for a certain common element can be time-consuming and, occasionally, confusing. To help simplify the process of […]
A Dam Shame (MI)
Two large earthen dams breached by heavy rains in mid-May wiped out hundreds of businesses and homes in and near Midland. Damages, estimated at $200 million, have property owners seeking relief through the courts while questioning the role state leaders played in the disaster. Read the article…………………………………
HB 5611: Michigan extends deadline to preserve covenants under the Marketable Record Title Act
The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants. Fortunately, the Michigan legislature recently amended the Marketable Record Title Act via HB 5611, and extended the time period for a property owner or homeowners association […]
Who Pays for Maintaining Shared Easements Between Multiple Condominium Associations? (MI)
Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects. In some cases, a developer may create an overarching project and then record a series of subdivision plats or condominium master deeds over years to finalize […]
What Are the Mandatory Provisions in Condominium Bylaws? (MI)
Pursuant to Section 53 of the Michigan Condominium Act, MCL 559.153, the administration of a condominium project must be governed by condominium bylaws that must be recorded as part of the master deed. The Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) and the Administrative Rules of the Department of Licensing and Regulatory Affairs […]
Court Holds Early termination of Manager causes Condo Association to Breach Property Management Contract (MI)
In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor of a condominium association and remanded the case back to the Kent County Circuit Court for entry of judgment in favor […]
Ahoy! Conflict of Interest Ahead: Does Your Condominium or HOA Attorney Represent Your Management Company? (MI)
If an attorney represents your condominium association or homeowners association (HOA), it would be wise to find out if that attorney represents or has ever represented your management company. Why? Because that is a conflict of interest. Read the article………………………………….
Boundary Line Disputes and Automatic Easements under the Michigan Condominium Act
In today’s day and age, it is almost unheard of to own a parcel of real estate that is not encumbered by an easement. An easement is an interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose. For example, most parcels of real […]
Condo Board Members Protected by Qualified Privilege in Co-Owner’s Defamation Claim (MI)
In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals, Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit Court that dismissed a defamation claim brought by a co-owner against a condominium association, individual board members and the management company […]
MI Court Rules that Dangerous Dog Must Be Removed from Condominium
In Parkview at Orion Commons Condominium Association v Rouhan, the Oakland Circuit Court held that a dog who bit a neighboring co-owner is a dangerous animal that must be removed from the condominium premises. The Court determined, on the basis of the parties’ briefs and without oral argument, that the dog was dangerous, and granted […]
Michigan Condominium Association found not liable for violating the Fair Housing Act and PWDCRA in request for handrail
In Estate of Romig by Kooman v Boulder Bluff Condominiums Units 73-123, 125-146, Inc, No. 347653, issued October 15, 2020 (Docket Nos. 347653 & 348254), the Michigan Court of Appeals ruled that a condominium association’s alleged denial of a request to install a railing to accommodate a disabled person did not constitute discrimination in a […]
Association Funding Budgeting Assessments And Reserves (MI)
Association boards have a variety of responsibilities in administering the affairs of a condominium or homeowner association. Some of the most important responsibilities include ensuring that the association has sufficient funding to maintain, repair and replace items within the community, to carry insurance, and to maintain adequate funding for all of its obligations. To help […]
Court of Appeals Rules The Court’s Evidentiary Gatekeeping Role Applies to Evidence Presented to Support a Request for an Emotional Support Animal (MI)
On September 17, 2020, the Michigan Court of Appeals, in Riverbrook v Abimbola Fabode and All Other Occupants, ___ Mich App ___ (2020) (Docket No. 349065), issued a unanimous decision finding that the district and circuit courts “abandoned their roles as the gatekeepers of evidence under MRE 702” in rejecting a landlord’s attempt to challenge […]
How to Hire a GOOD Contractor: Five Simple Tips (MI)
Many factors have made 2020 an interesting year. We are now fully understanding the cause and effect that a global pandemic has on many industries. While some industries such as travel and entertainment have been devastated, others, such as home improvement services, have been remarkably busy. You may notice when walking the aisles of Home […]
Continuity Planning for Michigan Community Associations
During this time of economic uncertainty and concerns over the Covid-19 pandemic, community associations should take an ‘inventory’ of the current conditions of the association and have a continuity plan in place just in case something tragic happens. For example, what happens if the President of the Board of Directors suddenly passes away? Read the […]
Court Holds That Extensive Short-term Rentals Violated Residential Use Restrictions (MI)
In Cherry Home Association v. Keith Barker, et. al., the Leelanau County Circuit Court held that several lot owners violated residential use restrictions by engaging in extensive online short-term rentals. After holding one of the first zoom bench trials in the history of the Leelanau County, on August 26, 2020 the trial court determined that […]
MCL 559.154: What is the difference between arbitration and mediation? (MI)
Conflict is inevitable when co-owners live in close proximity in a condominium association. Whether it is a barking dog, loud music or unpleasant odor, it is important that a condominium association has a mechanism to resolve disputes between co-owners. Many condominium associations resolve disputes by commencing an action in circuit court to enforce the master […]
Communicating With Homeowners in Collections
Do you ever hear from upset owners that have been referred to collections? We deal with our fair share of upset owners and we know from experience that sometimes these owners will reach out to their management company or board of directors. In fact, we have noticed an increase in homeowners doing this over the […]
MCL 559.152: WHEN DO THE CO-OWNERS ELECT DIRECTORS AFTER DEVELOPER CONTROL?
Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control. In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely […]
Tips for reviewing cable service provider agreements (MI)
In 2009, 87.8% of American households had either a cable or satellite TV subscription; however, by the end of 2019, that number dropped to just 65.3% of American households, as more American households “cut the cord” and turned to internet-based TV subscriptions, such as Netflix, Hulu and YouTube TV. With this steep drop in cable […]
Does Your Condominium Keep Track of Mortgages? (MI)
Michigan condominium associations are required to keep a number of different types of records. One type of record that condominium associations are required to keep, which is often overlooked, is a record of each mortgage that is placed on any condominium unit in the condominium project. A mortgagee, which is most often a bank, is […]
Planning Your Communications Program
There are two ways to communicate: oral and written contact. Either way, there is a sender, a receiver and a message involved. The structure of your message, and the manner in which you impart information to the residents of your community, should be based on the following considerations: Read the PDF……………………………
EXECUTIVE ORDER 2020-110: MICHIGAN ENDS SHORT-TERM RENTAL BAN, REOPENS CERTAIN RECREATIONAL FACILITIES AND OPENS POOLS (MI)
On June 1, 2020, Governor Whitmer signed Executive Order 2020-110 which made major changes to previously prohibited conduct related to short-term rentals, indoor recreational facilities, outdoor recreational facilities and pools. All of these changes will have a significant impact on cooperatives, condominium associations, homeowners associations and summer resorts throughout Michigan. However, the fact that certain […]
Why Associations Must Be Aware Of Recent Changes To The Marketable Record (MI)
As discussed in more detail below, the State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community associations may not be familiar with the MRTA since its provisions historically have not affected community association living or administration, the 2019 amendments make it necessary for community associations to take note now before […]
Can An Association Limit Your Right to Bear Arms? (MI)
Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich […]
Management Not a Debt Collector
The Bateses lost their condominium through a nonjudicial foreclosure. They claim the condo complex’s management company and its law firm violated the Fair Debt Collection Practices Act, which generally defines “debt collectors” to cover parties who operate a “business the principal purpose of which is the collection of any debts” or who “regularly collect[] or […]
MICHIGAN COURT OF APPEALS AFFIRMS SHORT-TERM RENTAL BAN IN RESTRICTIVE COVENANT
As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the […]
What Every Board Member Should Consider To Reduce Assessments (MI)
A condominium association’s board of directors has a seemingly endless list of responsibilities, but one of the most important – at least in terms of its impact on the membership – is the adoption of an annual budget. In simple terms, adopting a budget requires the board to balance two competing realities: (1) the association’s […]
Court rules Site Condominium Unit was rebuilt in accordance with Master Deed (MI)
In DeCaminada v Hammond, unpublished opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 345847), the Michigan Court of Appeals ruled that the co-owners of a site condominium unit who constructed a larger home, after losing their home in a fire, had constructed the home “substantially” in accordance with the master deed. […]
Should Your HOA Install LicensePlate Cameras? (MI)
It is estimated that at least 400,000 neighborhoods throughout the United States have installed automated license plate readers. Automated license plate readers are high-speed cameras that are mounted on street poles, streetlights, entrances, gatehouses or other areas in which automobiles will enter or exit a condominium or subdivision. Automated license plate readers can be an […]
Dealing with Vexatious Litigants in Community Association Matters
Vexatious litigants bother, embarrass and/or cause legal expenses to the defendant and can be a costly problem in today’s legal system. Vexatious litigation is becoming more common in the realm of community associations and quite often these litigants represent themselves when they file lawsuits against their own association or contest decisions made by the Board […]
COMMON CONTRACT PROVISIONS WITH CONTRACTORS/VENDORS IN MICHIGAN CONDOMINIUM ASSOCIATIONS AND HOAS
Each year, the Board of Directors for Michigan condominium and homeowners associations make a multitude of difficult decisions regarding what work needs to be done within the association, what vendors to hire to perform various tasks, and how long those contracts should exist. Examples of the common contracts that the Board of Directors may execute […]
Davis vs. Echo Valley Condominium Association: Guidance for Associations on Reasonable Accommodations and Nuisance Actions (MI)
The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has increased the number of complaints that associations must deal with involving unwanted odors. Read the […]