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...
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...
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...
Whether your community is a condominium, subdivision, or you live in a cooperative, one of the most important functions of your association is to plan for an execute repairs and maintenance of common elements, areas, or assets. This requires money, which almost always...
On more than once occasion, I have had clients say things akin to “well, can’t we just sue them and see what happens?” or “what if we just say that he/she did this, then they can’t win their case, right?” The answer to both of these questions is “no.” It’s my job as...
Residential association managers and directors should bear in mind that association members (co-owners or homeowners) will always have some rights to review Association records. These requests can sometimes seem burdensome, but, given the unique and complex...
In order for there to be effective administration of your community, the Association’s board, the manager and Association legal counsel should be working together, and in their proper roles. This blog will briefly and generally examine these roles and how they...
