When a condominium association makes a significant change to its governing documents, most of the attention naturally goes to getting the required co-owner approval. But that is not always the whole picture. In some situations, first mortgagees[1] also have the right...
It is not uncommon for a condominium board to discover, years after the fact, that a co‑owner addition exists on the general common elements. This type of extension is commonly referred to as an encroachment, meaning a situation in which a co‑owner constructs or...
Introduction In March 2026, Fannie Mae announced significant changes to underwriting guidelines that will directly affect how Michigan condominium associations are evaluated for conventional mortgage financing. (Download the new changes here.) These updates,...
MAGWV proudly represented Fenton Orchards Condominium Association, the prevailing party, in a Michigan Court of Appeals decision affirming the trial court’s ruling in the Association’s favor. The Court’s opinion considered the pre-2016 version of Section 67 of the...
Effective board and member meetings are essential to the smooth operation of community associations. Well-run meetings promote transparency, encourage participation, and help boards make sound, defensible decisions. By understanding your governing documents, planning...
On September 18, 2025, the Michigan Court of Appeals issued an unpublished but significant decision addressing whether a nine-month residential lease violated deed restrictions prohibiting “business or commercial purposes.” In Timber Lake Drive Property Owners’...
Recent advancements in communication technology have helped to reshape the governance of community associations. What was once an uncommon method of participation has now become a common method of community governance. Virtual and hybrid meetings offer flexibility and...
Running a successful community association is a lot like running a professional football team. Both require strategy, teamwork, and clearly defined roles. In football, the players and coaches each have distinct responsibilities, yet they share a common goal....
It is critical for community association boards to distinguish between restrictions contained in the governing documents and the rules or regulations adopted by the board. Amendments to governing documents, such as the master deed, bylaws, or declaration, generally...
Michigan community associations are typically established as nonprofit corporations under state law. However, this designation does not automatically create an exemption from federal income taxes. To obtain such an exemption, an association would have to apply to the...
Association boards have a variety of responsibilities in administering the affairs of a condominium or homeowner association. Some of the most important responsibilities include ensuring that the association has sufficient funding to maintain, repair and replace items...
In homeowners and condominium associations, the board of directors is typically responsible for overseeing the operations of the community. This includes maintaining common areas, enforcing rules, managing budgets, and making long-term decisions. The board holds...