Support HB 4919 – Board Enforcement Powers

When drafting original governing documents such as Articles of Incorporation and Bylaws, condominium developers and their attorneys follow a common practice of including a requirement that at least 2/3 of the association members must vote to approve any commencement of litigation against the developer. Usually, a strict formal process for obtaining approval is prescribed which can serve as a basis for a developer to object if not followed to the letter.  Some governing documents may require the 2/3 approval before any kind of litigation may be commenced. The controversial 2014 Michigan Court of Appeals decision, Tuscany Grove Association v. Gasperoni, confirmed that the plain language of such a provision controls over the board’s authority to enforce the governing documents on behalf of the association, in this case with respect to an architectural improvement violation of the Bylaws. The case was dismissed due to lack of the 2/3 approval, without regard to the merits of the underlying claim.   Read the article…………….


Related Articles

Proposed car condo complex in Huron Township would feature longest road course in Michigan

A $10 million undertaking is in the works for one Ypsilanti car enthusiast who is hoping to build a car

Man dies in Grand Ledge (MI) condo fire

A man died this afternoon in a condominium fire in Grand Ledge, the city’s fire chief said.  An emergency call

Kitchen fire destroys top floor of Fraser (MI) condo complex

A careless cook is suspected of starting a three-alarm fire at a Fraser condominium complex Tuesday night that left at