New FHA Certification Guidelines to Land Soon, Ending a 5-Year Holding Pattern

On June 30, 2011, the Condominium Project Approval and Processing Guide (“Guide”) was published by the U.S. Department of Housing and Urban Development (“HUD”). The Guide was designed to provide Federal Housing Administration (“FHA) condominium project approval processing requirements. Since June 30, 2011, a handful of Mortgagee Letters from HUD have provided small changes to […]

The Michigan Condominium Act: Time for a Change

The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature […]

What every Condominium Association needs to know about Parking Restrictions

The enforcement of parking restrictions is one of the most common problems that condominium associations and property managers are forced to deal with. Parking spaces are often at a premium in densely packed urban areas and issues arise when co-owners fail to park in their designated areas. In contrast, suburban site condominiums with single family […]

Are You Observing Constitutional Rights in Disciplinary Hearings?

Boards 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, […]

When the Inmates Take Over the Asylum and a Good Board Loses Control

Those 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 […]

Factors to Consider in Maintaining and Maximizing the Value of Your Condominium

One of the most important aspects in determining the value of a condominium complex to a prospective purchaser is the upkeep of its common elements. A well run condominium will make capital improvements as they become necessary, address maintenance issues immediately, and keep the grounds neat and orderly. In order to be able to afford […]

Michigan Court rules that recreational use of a camper violates deed restrictions

In Vansteenhouse v Winslow, issued June 28, 2016 (Docket No. 326224) (Unpublished Opinion) the Michigan Court of Appeals was required to determine whether a property owner violated deed restrictions by having a camper on their property. The deed restrictions indicated, “All lots sold within said Subdivision are to be used for residential purposes only….” The […]

Pet Size or Weight Restrictions in Michigan Condominiums

When drafting or amending condominium bylaws, the Restrictions section—typically Article VI of the Condominium Bylaws—often garners the most feedback, review or modification. One of the key provisions within the Restrictions section addresses pet restrictions including: the registration of pets with the association, not allowing pets loose on the condominium premises, co-owners must clean the dog’s […]

(Condo Act:) Modifications and Improvements to Protect Persons With Disabilities

Persons with disabilities who reside in condominiums have several statutory protections available to them designed to prevent discrimination against the disabled. These protections include the federal Fair Housing Amendments Act (“FHAA”), 42 USC 3604, and its Michigan equivalent contained in the Persons With Disabilities Civil Rights Act, (“PWDCRA”), MCL 37.1506a. Both the FHAA and the […]

MI Court of Appeals Rules That (County) Treasurer Cannot Foreclose on Common Elements

In Carola Condominium Association v Dustin Chappell, issued July 19, 2016 (Docket No. 325851) (Unpublished Opinion) the Michigan Court of Appeals held that the Wayne County Treasurer could not foreclose on common elements that were identified as “garage spaces” in the master deed. Carola dealt with a situation in which common element garages were created […]

POKÉMON GO: What Does Your Condo or HOA Need to Know?

Pokémon Go is a free mobile video game that is taking the world by storm. Pokémon Go was released on July 6, 2016 in the United States and has already has more than ten million downloads. Pokémon Go is different than many mobile games as it allows players to capture, battle and train virtual creatures […]

Architectural Control: Sculptures, Statues, Lawn Ornaments, Birdbaths and Other Items on the Common Elements or Lots

Numerous condominiums in Michigan restrict (or outright ban) sculptures, statues, lawn ornaments, birdbaths or other items pursuant to the condominium documents. Many of these provisions were drafted by the developer when creating the condominium in order to provide uniformity during the sales process. Likewise, many declarants subjected a platted subdivision to deed restrictions that also […]

MCL 559.212: How to handle unruly renters in a Michigan Condominium

Co-owners desire to rent units for a variety of reasons. By way of example, many co-owners desire to rent condominium units as they are underwater on the mortgage and cannot sell the unit, they inherited the unit, their job was relocated, the co-owner was required to move for health reasons, or the unit was purchased […]

Quorum Issues in Michigan Condominium Associations

Typically in the spring or fall, Michigan condominium associations hold annual meetings to elect directors, distribute financial statements to the Co-owners and otherwise provide an update to the membership regarding the status of the condominium. All too often, the annual meeting is sparsely attended due to Co-owner apathy, which may result in your condominium failing […]

Michigan Court of Appeals rules that Unincorporated HOA may govern under Declaration

In Suttons Bay Yacht Village Condominium Association, et. al. v Board of Representatives of Port Sutton Community, et. al., Docket No. 325327 (May 19, 2016) (Unpublished Opinion), the Michigan Court of Appeals held that an unincorporated voluntary association had legal authority to administer a declaration as a master homeowners association.      Read the article…………

Moon Lake Condominium Association v. RBS Citizens Bank

As the real estate market contracted over the past decade, surplus proceeds, resulting from an overbid at foreclosure sale, occurred infrequently. However, as the property market rebounds, the mortgage servicing industry is likely to see a rise in competitive bidding at Sheriff’s Sales, netting a greater number of excess funds.     Read the article……….

Encouraging Lenders to Foreclose: Don’t let your Condominium and HOA units sit vacant without collecting assessments

Even though the real estate market is gradually improving, condominium and homeowner communities are still faced with instances where a delinquent member abandons their unit/home and stops mortgage payments, but the lender does not foreclose. While condominium associations often believe they are “stuck” in these types of situations as the unit/home owner is uncollectable, and […]

Taxes in Your Michigan Condominium or Homeowners’ Association: Is Your Association Current with the IRS?

As April 15th approaches, many Michigan residents are reviewing various sources of gross income, tax credits and tax deductions in order to prepare individual or joint income tax returns. In addition to personal income taxes, newer directors may be unaware that their condominium or homeowners’ association is also required to file federal income taxes on […]

Hoverboards: Addressing Their Risks for Condominium and Homeowner Associations

Two-wheeled personal mobility devices, or hoverboards, were the ubiquitous holiday gift in 2015. Small, new and exciting, these contraptions quickly shot to the top of the wish list for many individuals, even those not technologically savvy. Once the wrapping paper was cleared, however, hoverboards were revealed to present very real risks of danger.    Read […]

Was your condominium properly expanded under the Michigan Condominium Act?

In Michigan, when a developer creates a condominium, the developer is required to record a master deed. Pursuant to MCL 559.108, the master deed and condominium subdivision plan must identify the total number of units in the project and assign a percentage of value to each unit. However, the initial configuration of the condominium is […]

A Co-owner Filed Bankruptcy, What Now?

Condominium associations are solely dependent upon the collection of assessments from its members for their survival and to purchase and provide the goods and services necessary for the maintenance of the project for the benefit of its members. Thus, when a Co-owner files bankruptcy, there is an understandable feeling that all is lost.    Read […]

Hoarding in Your Condominium: What Every Michigan Association and Property Manager Should Know

As the weather becomes warmer here in Michigan, many homeowners or co-owners undergo the yearly “Spring Cleaning.” Unfortunately, many condominium associations in Michigan face co-owners, tenants or residents who do not maintain the same sanitary living space as their neighbors. At the extreme, hoarders may fill units and/or limited common elements with debris, combustible material, […]

Legal Update: Recent Statutory Changes Impacting Service Animals in Michigan

On October 20, 2015, Governor Rick Snyder signed into law Senate Bills 298 and 299 and House Bills 4521 and 4527, which became effective January 18, 2016. The Bills updated rules on the use of service animals in places of public accommodation, as well as, the identification and licensing of service animals and criminalizing certain […]

Did the State of Michigan inversely condemn the entire City of Flint?: Environmental justice meets the Takings Clause

A complaint filed in mid-January by plaintiffs in Michigan’s Court of Claims alleges a novel, and intriguing claim. Taken to its limits, the class action essentially alleges that the State of Michigan inversely condemned the entire City of Flint, or some large portion thereof, by knowingly transferring the city to a water source contaminated with […]

Quick Update: Proposed Changes to FHA Condominium Project Approval Process

According to Community Associations Institute (“CAI”), a leading national community association organization, the U.S. House of Representatives will vote today on important changes to the Federal Housing Administration’s (“FHA”) condominium project approval process. The changes to the FHA condominium project approval process are included in H.R. 3700, the “Housing Opportunity Through Modernization Act”, bipartisan legislation […]

The Difference Between an Officer and a Director: Selection, Removal and Eligibility Restrictions

In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium. Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.” Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate […]

Failing Infrastructure? How to handle common element lead pipes in your Condominium

The recent water crisis in Flint, Michigan has gained regional and national headlines and caused a great deal of controversy regarding the responsibility of local, state and federal government to provide clean water. One of the biggest issues facing Michigan condominium associations today, albeit rarely discussed, is the aging infrastructure located underground in the common […]

Can Michigan Condominium Associations Restrict Sex Offenders Within Their Projects?

Condominium Association Boards are often faced with making difficult decisions while governing their condominium projects. For example, some typical difficult decisions Boards face are whether to raise assessments, whether to pursue a fellow co-owner who fails to comply with the condominium documents, whether to evict a co-owner’s tenants who are being unruly, and whether to […]

MI CT of Appeals Rules That Condominium Rules and Regulations Cannot Supersede the Master Deed and Bylaws

In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Michigan Condominium Association could not create rules […]

Water in Your Condominium Unit? What Every Co-owner and Assn. Should Know

From personal experience, water intrusion in a condominium unit can be one of the most frustrating and unpleasant experiences a Co-owner may ever experience. Often, a Co-owner does not know what to do, who to call, whether insurance will cover the loss and what responsibilities the Co-owner and the Association may have. This article explores […]

The Impact of Short-term Rentals on Condominium & HOA’s: To AirBnB or Not AirBnB?

Many condominium bylaws restrict or otherwise regulate a co-owner’s ability to lease the co-owner’s condominium unit. These restrictions are sometimes imposed as part of an effort to maintain property values, and sometimes to comply with the Federal Housing Administration’s Condominium Project Approval and Processing Guide which requires that at least fifty-one (51) percent of units […]

I Sued My Neighbor and Lost My Dock re: Riparian Rights (MI)

Occasionally I get a call from someone that begins with “I need to sue my neighbor.” What the caller really needs is advice to understand the options available, the risks, and how best to solve the problem which prompted the call. If you start with the idea that a fight is your best alternative, you […]

MI Ct. of App. Rules that Condo Assn. is Not Entitled to Notice of Surplus Funds From Foreclosure Sale

In Moon Lake Condominium Association v RBS Citizens, Case No. 323476 (Michigan Court of Appeals, November 12, 2015, unpublished), the Michigan Court of Appeals held that junior lienholders, such as condominium associations, are not entitled to notice that surplus funds were collected from a foreclosure sale after the first mortgage of record was foreclosed on. […]