Occasionally, we work with boards of directors that have not held an election for some time, usually because nobody else has ever expressed an interest in running as a candidate. A recent decision from the Michigan Court of Appeals makes clear that the board’s decisions are not invalidated just because elections have not been held. In Channel View East Condominium Association v. Ferguson, the Michigan Court of Appeals considered a case where a defendant co-owner claimed the board had no authority to initiate a suit for $137,800 in fines and interest because elections had never been held. The defendant had failed to complete construction of a site condominium within the time frame required by the bylaws. Read the article………………………..
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