If you're a fan of John Oliver's humor (like I am) and GEICO's talking gecko (he’s ok and was smart enough not to star in the commercial I am talking about), you may have seen Oliver’s recent segment[1] and GEICO’s[2] recent ad poking fun at Homeowners Associations...
When damage occurs to a condominium building or Unit, who makes the first insurance claim, who oversees the repairs, when can responsibilities shift, and who pays the deductible? Association Insurance Responsibilities The Michigan Condominium Act, MCL 559.154(4)...
There is a special time in every young residential association’s life when it is time for control of the association to transfer from the developer to the association’s members—those who own lots or units in the community who are not the developer. This transition is...
Often when clients come to us for their estate planning needs, they are confused about what they want or need. Many times they ask for one thing, perhaps a will, but it turns out what they are really asking for is a Trust or some other estate planning document. Estate...
Land contracts are a less-common and lesser-known type of real estate transaction. What are they, why are they used, and what are some of the considerations involved? Background and Nature Land contracts are the “rent-to-own” of real estate. They are a mechanism for a...
We have recently spent some time focusing on the role of an Association’s board of directors as the entity designated to make decisions for the Association, the fiduciary duties of board members in making those decisions, and adoption of policies and standards for...
Aristotle said, “[k]nowing yourself is the beginning of all wisdom.” Before you buy a condominium or a home in a subdivision with a homeowners association (HOA) you had better know yourself. Living in communities governed by condominium associations or HOAs can come...
Each election season, we receive questions about political signs in condominiums and homeowners associations. Can community associations restrict political signs, and what are some of the considerations? Freedom of Speech There is a US Supreme Court case, Reed v. Town...
An Association’s board of directors plays a fundamental role in a residential community, and, even though much of the day-to-day operations of running the Association may be delegated to a professional manager, a well-functioning board is indispensable to a...
On February 1, 2022, in Janini v London Townhouses Condo Ass’n,[1] the Michigan Court of Appeals (“COA”) held that a co-owner of a condominium unit could not bring a premises liability action for a slip and fall that occurred on the common elements of the condominium...
