Governing Document Amendments
We guarantee amendments will be tailored to your community’s unique needs and objectives, prioritizing readability and clarity.
Our Document Amendment
The following steps describe our process for how we restate community association governing documents – the Master Deed or Declaration, Bylaws, and Articles of Incorporation. If you are pursuing a specific amendment to a governing document, that process will likely require fewer steps.
Current Document Review
We review your current documents and provide written recommendations. We may also have some initial questions for you to consider.
Board Review & Meeting
Using our letter as a guide, the Board meets with us to respond to our recommendations and questions. This also provides the opportunity to confirm how the drafts of the documents can be customized to your association.
First Draft of Documents
After meeting with the Board, we draft a new set of documents based on the Board’s direction.
Finalization and Voting
Once we arrive at a final draft with the Board, we prepare the voting package to be distributed to the owners. We include a letter summarizing the significant changes that the new documents represent.
The banks providing mortgages on the homes in the association are defined in recorded documents as “mortgagees”. Mortgagees in condominiums have the right to vote on many proposed restated governing documents. But we have yet to see an amendment fail for lack of mortgagee approval.
Recording with County
After all required approvals are obtained, we record the Amended and Restated Master Deed or Amended and Restated Declaration with the county register of deeds. We also file any approved amendment to the Articles of Incorporation with the State of Michigan.
“Governing documents for Michigan community associations serve several functions. The foremost of these functions is to inform members and prospective members of the respective rights and obligations of membership in the association relative to the upkeep of the property and the operation of the community. Good documents serve these needs and enhance the marketability of the member’s property.”
John Finkelmann, MAGWV Partner
Articles on Governing Documents
Updated as of January 16, 2024 The Michigan State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community association boards and...
Insufficient parking in shared interest communities often leads to the inability to meet the parking requirements of all residents. While the adequacy of parking...
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...
A responsibility matrix is a summary of association and co-owner responsibilities for maintenance, repair, and replacement of the condominium common elements and units....
The Michigan Court of Appeals recently issued an opinion in Apache Hills Property Owners Association, Inc. v Sears Nichols Cottages, LLC (Docket No. 360554) which...
Keeping backyard chickens has become increasingly popular over the years as more and more people seek to live a sustainable and self-sufficient lifestyle. But is it...
Updated as of March 28, 2023 As discussed in more detail below, the State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community...
In community association administration, disparate impact claims can arise when a seemingly neutral policy or practice has a disproportionate negative impact on a group...
The time is always right to do what is right. Martin Luther King, Jr. A new Michigan law went into effect on December 13, 2022 called the Discharge of Prohibited...