Articles Archives - Page 4 of 12 - Makower Abbate Guerra Wegner Vollmer PLLC

Navigating Conflicting Priorities on the Board: Strategies for Resolution

Aug 31, 2021 | Articles, Association Governance

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

Mar 9, 2021 | Articles, Assessments, Association Governance, Bylaws, Collections, Rules and Regulations

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

Feb 17, 2021 | Articles, Association Governance, Discrimination, Fair Housing Issues, Restrictions and Enforcement, Rules and Regulations

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?

Jan 5, 2021 | Articles, Association Governance, Bylaws, Common Elements, Restrictions and Enforcement

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...

Association Funding: Budgeting, Assessments, and Reserves

Oct 13, 2020 | Articles, Assessments, Association Governance, Bylaws, Rules and Regulations

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...

What Every Board Member Should Consider to Reduce Assessments

Apr 20, 2020 | Articles, Assessments, Association Governance, Collections, Common Elements, COVID-19, Fair Housing Issues, Insurance, Property Damage, Restrictions and Enforcement, Rules and Regulations

A condominium association’s board of directors has a seemingly endless list of responsibilities, but one of the most important – at least in terms of its impact on the membership – is the adoption of an annual budget. In simple terms, adopting a budget requires the...

Disappearing Units II: Condominium Wins Big Against County Treasurer and Prospective Builders Looking To Build Hundreds of Units

Feb 6, 2020 | Articles, Common Elements

Shortly after the case of Cove Creek Condominium Association v Vistal Land & Home Develop, LLC, __Mich App__, Nos. 342372 & 343144 (2019) was decided in late December 2019, the Michigan Court of Appeals decided another case involving disappearing units....

New Guidelines from HUD Aid Boards Reviewing Requests for Assistance Animals: What Every Board Should Know

Feb 5, 2020 | Articles, Association Governance, Fair Housing Issues, Pets, Restrictions and Enforcement, Rules and Regulations

On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued new guidelines clarifying how housing providers can comply with the Fair Housing Act (FHA) in reviewing an individual’s request for an assistance animal. These requests often prove...

Davis vs. Echo Valley Condominium Association: Guidance for Associations on Reasonable Accommodations and Nuisance Actions

Feb 4, 2020 | Articles, Association Governance, Discrimination, Fair Housing Issues, Nuisance, Property Damage, Restrictions and Enforcement, Rules and Regulations

The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has...

Rules Your Community Association Should Consider Adopting

Feb 3, 2020 | Articles, Assessments, Association Governance, Books and Records, Bylaws, Collections, Common Elements, Drones, Restrictions and Enforcement, Rules and Regulations

Does our Board have rulemaking authority? In Michigan, a condominium association Board has the implicit authority to enact reasonable rules and regulations regarding the condominium. Generally speaking, this authority is quite broad and unless otherwise specified in...

Disappearing Units Big Win for Condominium Associations Against Prospective Developers

Dec 27, 2019 | Articles, Common Elements

In a significant development impacting certain types of incomplete condominiums in Michigan, the Michigan Court of Appeals published a decision in Cove Creek Condominium Association v Vistal Land & Home Develop, LLC, _ Mich App _, Nos. 342372 & 343144 (2019),...

Get Smart – What Associations Should Consider in Light of the Rising Popularity of Smart Doorbells

Jul 2, 2019 | Articles, Association Governance, Bylaws, Common Elements, Restrictions and Enforcement, Rules and Regulations

Whether its excitement over new technology or a desire to discourage criminal activity, the demand for smart doorbells continues to grow. With these devices, someone is virtually always home and can easily respond to the delivery person, scare off a porch pirate or...

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