On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a...
Common Elements
New Michigan Court of Appeals Decision in Condo Slip-and-Fall Case
Last year, the Michigan Supreme Court's decision in Kandil-Elsayed v. F&E Oil, Inc., marked a pivotal change in premises liability law. The ruling clarified that the "open and obvious" doctrine would not entirely preclude liability claims regarding dangerous...
A Deeper Dive Into Critical Contract Terms
Whether big or small, every association will come across a need to hire an outside vendor. Hiring a vendor to complete any task for an association carries with it some level of risk. Typically, the bigger the project, the bigger the potential risk. Whenever a...
Curbing Parking Issues in Common Interest Communities
Insufficient parking in shared interest communities often leads to the inability to meet the parking requirements of all residents. While the adequacy of parking facilities may not have been a significant concern for community associations established in the 1970s or...
Lending Questionnaires for Condos Revised Regarding Critical Repairs
Effective September 18, 2023, some updates were made to the eligibility criteria for condominium and cooperative projects by Fannie Mae and Freddie Mac. Known formally as the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage...
New Proposed Michigan Bill Will Require Condominiums Conduct Reserve Studies
By Amy M. Smith and Todd J. Skowronski HB 5019 is a new bill pending in the Michigan House that will require condominium associations in the state to conduct periodic reserve studies to help plan for future repairs and replacements. The Community Associations...
HB 5028: Solar Energy Bill and Michigan’s Community Associations
By Amy M. Smith, MAGWV Partner Updated November 16, 2023 The Homeowners' Energy Policy Act was recently introduced in the Michigan State Legislature as HB 5028. The House of Representatives has narrowly approved the bill by a vote of 56-54. It will now move on to a...
Mastering Condo Maintenance: Why Legal Guidance is Key for Crafting a Responsibility Matrix
A responsibility matrix is a summary of association and co-owner responsibilities for maintenance, repair, and replacement of the condominium common elements and units. Because condominium master deeds, even when clearly drafted, can be complicated and often...
Reconsidering the “Open and Obvious” Doctrine: Implications of the Michigan Supreme Court’s Landmark Decision
In a significant ruling that affects property owners throughout the state, including Michigan’s community associations, the Michigan Supreme Court substantially altered premises liability law. On July 28, 2023, the Court ruled in the cases of Kandil-Elsayed v. F &...
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....
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...
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.