Two Condominium Bylaw Provisions That Every Board Should Review To Ensure That Assessments Are Not Unnecessarily Depleted

Attorney Stephen Guerra

By Stephen M. Guerra, Esq.*

Assessments are the means by which all associations operate, and assessments provide the necessary income to maintain and enhance a community’s assets to protect and maximize unit values. When assessment levels get too high, the very assessments that are essential to sustain a condominium community may very well end up hurting the market values the association is seeking to increase and protect.

Indeed, in addition to unit types, amenities and location, the single most important factor in condominium unit resale is the amount of association assessments.  Consequently, those communities with higher than average assessment levels will find that they are at a market disadvantage. In order to sustain and enhance market value, condominium communities must therefore find ways to lower or stabilize assessment levels, without reducing services necessary to properly maintain and enhance the community’s assets. Continue reading

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Association Property Damaged by an Automobile – What every association should know to recover under Michigan’s No-Fault Insurance Laws

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Amy M. Smith, Esq.*

When people think of Michigan’s No-Fault Insurance Act (“Act”), their mind is likely drawn to thoughts of a roadside automobile accident. But what if an automobile damages subdivision common areas or condominium common elements? Under State law, drivers are required to carry insurance for injury to or destruction of other’s property resulting from an accident caused by their vehicle. This insurance is intended to benefit third-party property owners (such as a condominium or subdivision association) by imposing liability for property damage on the insurers of vehicle owners or drivers. Continue reading

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