Deep fried turkey combines the deliciousness of a well-cooked turkey with the crispiness of deep-fried goodness. Thanksgiving is one of the few opportunities many families have to enjoy a deep-fried turkey because of the time and attention needed to use a deep-fryer, especially one able to handle a ten pound turkey. What can go wrong? […]
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 […]
Is a co-owner entitled to a reasonable accommodation to use medical marijuana under the Federal Fair Housing Act?
On November 8, 2016, Florida, North Dakota and Arkansas joined 25 other states and the District of Columbia in approving the use of medical marijuana. Now that medical marijuana is legal in more than half of the states in the United States, medical marijuana use is becoming an issue that condominium associations are forced to […]
Can Clearly Unenforceable Deed Restrictions Create Potential Liability for your Association?
Earlier this year, Channel 7 WXYZ did an exposé on a Bloomfield Township homeowners association called Wing Lake Farms, which had a 1948 deed restriction that states: Second: That no lot, or any part thereof, shall be sold, conveyed, rented, leased or loaned by either party hereto to any person not of the pure, unmixed, […]
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Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized.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 […]
What Community Associations Should Know About the Fair Housing Act and its Impact on Pool Rules and Regulations
With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to cool down. Also, pools are not only good for cooling down but also provide numerous other benefits, including family time without the distractions of today’s technology, fitness training, stress relief, therapy and helping to keep […]
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 […]
What Do I Need to Know About a Conversion Condominium Under the Michigan Condominium Act?
Michigan law allows the creation of a condominium project under terms and conditions set forth in the Michigan Condominium Act, Act 59 of 1978, MCL 559.101, et seq. (the “Act”). For the most part, the Act contemplates the creation of a new condominium project on land owned by a developer. However, the Act also allows […]
5 “Don’ts” for Your Board of Directors
Don’t cut off utilities for delinquent assessments Read the entire article……………………………….
Allegan County Trial Court Rules That Short-term Vacation Rentals Violate Deed Restrictions (MI)
As mentioned in our previous blog article, technological advancements have increased the ability of individuals to do short-term leasing, as opposed to the traditional long term, six month or greater, leasing arrangement, in particular looking at the new phenomenon of Airbnb. Websites such as Airbnb, VRBO and Homeaway are often used by short-term lessors and […]
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…………
Is a Community Associations’s Board of Directors Required to Make Board Meetings Open to Members?
The State of Michigan primarily has two so-called “Sunshine Laws”- the Open Meetings Act (“OMA”), MCL 15.261, et seq., and the Freedom of Information Act, MCL 15.231, et seq. These two acts together help promote and create open government by making certain governmental meetings open to the public, and in allowing the public access to […]
Court holds Michigan Condo Developer liable for changing sale price of unit
In Gordon v Cornerstone RG, LLC, No. 324909, 2016 WL 902195 (Mich Ct App March 8, 2016) (unpublished opinion), the Michigan Court of Appeals confirmed an arbitration award in favor of Robert and Debbie Gordon against the developers of the Villas of Hidden Lakes Condominium. 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 […]
Where Does the Money Go? Maybe We Should Ask the Michigan Legislature. . .
In Michigan, foreclosure is not only a contractual right, but a statutory right as well. Michigan is primarily a foreclosure by advertisement state; however, foreclosure may proceed through the court system as well. This is referred to a judicial foreclosure. Read the article………….
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, […]
The Role and Importance of the Reserve Study in Determining an Appropriate Reserve Fund
A well-run condominium can be thought of as having two components: (1) physical assets, which are the buildings, structures, and grounds on which the condominium is located; and (2) financial assets, which are the funds necessary to maintain the condominium’s physical assets. So long as the financial assets are adequate to meet the maintenance needs […]
MI Ct. of App. Rules That HOA Developer is Subject to the Michigan Consumer Protection Act
In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from compliance with the Michigan Consumer Protection Act, MCL 445.901 et seq. The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically […]
Michigan Ct. of App. Rules That Amendments to HOA Restrictions Require Unanimous Consent
The Michigan Court of appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): Read the article……….
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 […]
Expressing Opposing Views in a Condominium: Does Your Condominium Have the Right to Silence Free Speech?
Another election year is upon us, and with that comes the realization that neighbors in your condominium may not hold your political and ideological views. With this realization also comes the belief that, regardless of your own political views, those neighbors with views contrary to your own appear to be the most vocal. Most co-owners […]
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 […]
The Lion in Winter (and Summer, and Fall, and Spring): Summer Resort Associations in Michigan
As this article is written, the first significant ice storm of winter 2015-2016 has just blown through Michigan leaving icy roads, downed powerlines, and numerous traffic accidents. Of course, this is the perfect time to turn to summer and dream about the potential purchase of a picturesque home sitting on one of Michigan’s beautiful lakes. […]
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 […]
Flying an American Flag in Your Condominium Project: What Every Co-owner Needs to Know (MI)
Each year on Veterans Day, we honor our men and women in the United States Armed Forces. As a small token of appreciation, many Co-owners routinely fly the American flag in honor of loved ones who have served or currently serve in the United States Armed Forces. However, many questions arise regarding the rights and […]
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. […]
Slip and Fall on the Condominium Premises (MI): Does the Condominium Owe a Statutory Duty to its Co-owners?
What happens if a Co-owner slips and falls on the condominium premises? Does the Co-owner have a right to sue the Association or its property manager for failing to maintain the common areas in reasonable repair? Can the Co-owner recover from the Association (i.e. all of the other Co-owners) for damages sustained on the condominium […]