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...
Association Governance
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,
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...
Association Funding: Budgeting, Assessments, and Reserves
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
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...
New Guidelines from HUD Aid Boards Reviewing Requests for Assistance Animals: What Every Board Should Know
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
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...