The COVID pandemic continued longer than many had expected and has impacted almost every facet of everyday life. Facing evolving governmental guidance and individual comfort levels, we have been forced to adapt to what appears to be a new norm. This is particularly...
Articles
Michigan Court Of Appeals Confirms Need To Pay Condo Dues
Frye v. Golfpointe Village Condominium Association The condominium and homeowner association attorneys at Makower Abbate Guerra Wegner Vollmer recently successfully defended a challenge by a co-owner relating to her unpaid condominium association assessments. In Frye...
Court Requires More Disclosure for Michigan Condos and HOAs
Bafna v Echo Valley Condominium Association A Michigan Court of Appeals decision suggests courts will view Michigan owner requests to inspect condominium, homeowner, and community association documents quite broadly and will generally frown on refusing to allow...
Appeals Court Decision Affects Michigan Condo Developers
Michigan Condominium Owners of Units in Incomplete Condominiums Take Note – Significant Court of Appeals Victory Confirms Developers Who Drag Their Feet on Developing a Condominium in Michigan May Lose All Development Rights, Leaving the Undeveloped Land for the...
Michigan Court Holds Short-Term Rentals Not “Residential Use”
As renting residential property in Michigan via websites has grown in popularity, so too have complaints from neighbors living in deed restricted communities. While these short-term rental opportunities may benefit the individual lot owners, they can represent a...
Deferred Maintenance and Revised Lender Questionnaires: Responding to the Surfside Tragedy
On October 13, 2021, the Federal National Mortgage Association issued Lender Letter to take effect January 1, 2022. This Lender Letter temporarily revises the eligibility requirements for lenders issuing loans that may be purchased by Fannie Mae for properties located in condominiums containing five or more attached units.
The Financial Risks of Ignoring Mold in Your Condominium
Mold can present a real threat to the structural integrity of a building and can also be harmful to human health. This threat is amplified in attached condominiums since owners can be affected by an instance of mold originating in another co-owner's unit or the common...
5 Things Every Board Member Must Know for Long-Term Planning: A Guide to Proactive Decision Making
Long-term planning is one of the primary duties an individual undertakes when seated on the board of directors for a community association. There is a constant balance that must be found between a desire to keep assessment levels steady (and low) and ensuring that the items which the association is responsible for repairing, replacing and maintaining are properly handled in the short and long-term.
Navigating Conflicting Priorities on the Board: Strategies for Resolution
The successful and effective administration of a community often depends on several players, each bringing a unique, and necessary, factor to the equation. This composition includes the diverse background of the community association board members, and potentially other resources, The successful and effective administration of a community often depends on several players, each bringing a unique, and necessary, factor to the equation. This composition includes the diverse background of the community association board members, and potentially other resources,
Can you Foreclose on Just Unpaid Fines? The Michigan Court of Appeals Renders a Decision
In a unanimous but problematic decision issued on February 25, 2021 in Channel View East Condominium Association, Inc. v Ferguson (Docket No. 351888), a panel of the Michigan Court of Appeals held that a condominium association did not have authority to foreclose its...
Protections Against Housing Discrimination Extended to Sexual Orientation and Gender Identity
The new presidential administration is expanding the government's enforcement of the federal Fair Housing Act ("FHA"). Community associations are subject to the anti-discrimination provisions within the FHA. The FHA expressly prohibits discrimination based upon "sex"...
Do You Have a Responsibility Matrix And Is It Up To Date?
Boards and managers are always looking for ways to make the administration of their condominiums more efficient. Having to sort through the Master Deed (and multiple amendments too!) to figure out whether the association or co-owner is responsible for a certain common...