Condominium associations with annual revenues exceeding $20,000.00 should take specific note that Section 57(2) of the Michigan Condominium Act provides that an independent certified public accountant must perform an annual review or audit of the association’s...
Association Governance
Be Aware of Potential Disparate Impact Discrimination Claims in Your Association
In community association administration, disparate impact claims can arise when a seemingly neutral policy or practice has a disproportionate negative impact on a group protected by fair housing laws. For example, communities occasionally ask us whether they can...
New LGBTQ Protections Impacting Community Associations Signed Into Law
On March 16, 2023, Governor Gretchen Whitmer signed a bipartisan bill officially expanding Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), which bars discrimination in employment and housing sectors. The ELCRA now protects against discrimination based on an...
Leveraging the Power of Committees in Associations
When you're shopping for a new place to live, you probably consider a lot of factors – location, schools, taxes, and the community itself. You're essentially interviewing the neighborhood to see if it's the right fit for you. But once you move in, it's easy to feel...
Preventing Mold and Water Damage in Your Condominium Association: Proactive Steps for Managers and Boards
From frozen pipes, broken appliance supply lines, to roof leaks and leaking drain pans, in townhome and attached condominiums, these and other sources of water intrusion can quickly wreak havoc for owners and the association if not handled properly and quickly....
Is it Safe to Run for the Board? Broad Protections Afforded to Directors in a Litigious Age
The vitality of Michigan community associations is directly related to the quality of their volunteer board of directors. However, in this litigious age, potential directors may be concerned about the personal liability faced when their every decision may be...
Forced Adaptation: Community Association Management and Administration After COVID
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...
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...
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.
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,