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...
Adam Randall
Indemnification in Community Associations
Indemnification is a contractual or statutory obligation for one party to compensate or defend another party for its liability or losses. Homeowners associations and condominium associations may encounter indemnification in their relationship with their directors,...
Directors and Officers: Qualification, Election, and Replacement
Who is qualified to be a director or officer of a condominium association or homeowners association? Who elects them? How are they replaced? Qualification for Directors The Michigan Condominium Act does not establish any qualifications for directors or officers....
Aging in Place: Considerations for Condominium Associations
Livability AARP maintains a Livability Index (), scoring neighborhoods and communities across the U.S. for their impact on seniors. The index identifies availability of multi-family housing, the percentage of housing units that are not single-family, detached homes,...
Increased Insurance Costs for Condominium Associations
Condominium association insurance policies are rapidly increasing in cost, outpacing inflation. The changes have affected property, liability, and directors and officers (D&O) policies. Why are these changes occurring, and how should associations respond?...
Amending Condominium and Homeowners Association Governing Documents
Condominium and homeowners associations have restrictions on use of the property, contained in governing documents. Over time, associations may find the need to amend the governing documents to address technological developments or changing property use. Amendment...
Condominium Insurance Repairs and Responsibility Shifting
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)...
Land Contract Basics
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...
Political Signs in Community Associations
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...
Fiduciary Duties of Directors and Officers
When a homeowner gains election or appointment as a director or officer of a corporation, they become a fiduciary for the corporation, and undertake duties to the corporation, and ultimately to the members it represents. What is a Fiduciary? A fiduciary is a person...