The primary allure of social media in community associations lies in its ability to foster enhanced communication. Platforms like Nextdoor and Facebook groups offer a space for neighbors to share information — from community events to security alerts — and foster a...
Articles
Untenable Tenants! How to Address Problem Renters in Your Condominium
Tenants in condominium communities are often viewed as challenging, since they may not be familiar with condominium living. Because of this lack of experience, tenants may interfere with management, refuse to maintain the decorum required by the bylaws, or damage...
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...
Understanding the Uniform Power of Attorney Act for Michigan Real Estate Attorneys
Public Act No. 187, adopted on November 7, 2023, establishes the Uniform Power of Attorney Act in Michigan, and takes effect July 1, 2024. The Act provides a structured approach to the creation and use of powers of attorney (POA). The following is a summary of its key...
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...
The Impact of the Corporate Transparency Act on Condominium Associations, Homeowners Associations, and Management Companies
UPDATE 3/4/24: A federal court has found the CTA to be unconstitutional. This ruling leaves the enforceability of the CTA questionable, although it remains to be seen whether the decision will be appealed and whether legislative changes could follow. Check back for...
How to Deal With the Rogue Board Member
The Board of Directors is charged with making the important decisions of the association. Whether it’s hiring a management company to deal with the day-to-day affairs of the association or making the tough decision to pass an additional assessment to cover the cost...
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 &...
Your Accountant Wants You to Know About Section 57 of the Condo Act
Condominium associations with annual revenues exceeding $20,000.00 should take specific note that Section 57(2) of the Michigan Condominium Act provides that an independent certified public accountant must perform an annual review or audit of the association’s...
Delayed Decisions on Accommodation Requests Lead to Trouble
A recent federal court decision in U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), is instructive as to how boards of directors can put their associations at risk when they fail to make timely final decisions on accommodation...