MAGWV has successfully argued that an above ground “swim spa” constitutes an above ground “swimming pool” and is therefore prohibited when an association’s governing documents prohibit above ground swimming pools. In Hills of Oakland Subdivision Association v....
Association boards have legal, financial, and ethical responsibilities for the organization they lead. Individual directors in turn have a legal duty to act with due care in their service to the association. This involves attending meetings, providing legitimate...
On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a...
The State of Michigan adopted Public Act 68 of 2024, known as the "Homeowners’ Energy Policy Act" (the “Act”). Although it was signed by the Governor on July 8, 2024, it is not yet in effect, and is scheduled to go into effect in early 2025. This Act impairs the...
The primary allure of social media in community associations lies in its ability to foster enhanced communication. Platforms like Nextdoor and Facebook groups offer a space for neighbors to share information — from community events to security alerts — and foster a...
Tenants in condominium communities are often viewed as challenging, since they may not be familiar with condominium living. Because of this lack of experience, tenants may interfere with management, refuse to maintain the decorum required by the bylaws, or damage...
Whether big or small, every association will come across a need to hire an outside vendor. Hiring a vendor to complete any task for an association carries with it some level of risk. Typically, the bigger the project, the bigger the potential risk. Whenever a...
Insufficient parking in shared interest communities often leads to the inability to meet the parking requirements of all residents. While the adequacy of parking facilities may not have been a significant concern for community associations established in the 1970s or...
Public Act No. 187, adopted on November 7, 2023, establishes the Uniform Power of Attorney Act in Michigan, and takes effect July 1, 2024. The Act provides a structured approach to the creation and use of powers of attorney (POA). The following is a summary of its key...
Effective September 18, 2023, some updates were made to the eligibility criteria for condominium and cooperative projects by Fannie Mae and Freddie Mac. Known formally as the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage...
In a world where transparency and accountability have become paramount in both public and private sectors, the U.S. government has taken significant steps to address financial secrecy and prevent illicit activities through the implementation of the Corporate...
The Board of Directors is charged with making the important decisions of the association. Whether it’s hiring a management company to deal with the day-to-day affairs of the association or making the tough decision to pass an additional assessment to cover the cost...