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...
Common Elements
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.
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...
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...
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...
Disappearing Units II: Condominium Wins Big Against County Treasurer and Prospective Builders Looking To Build Hundreds of Units
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....
Rules Your Community Association Should Consider Adopting
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...