Reserve Fund Statutory Basis The Michigan Condominium act, MCL - Section 559.205, requires all condominiums to maintain a reserve fund: 559.205 Reserve fund. A reserve fund for major repairs and replacement of common elements shall be maintained by the associations of...
Corene C. Ford
Why Condominium and Homeowners Association Boards Must Closely Monitor Their Financials to Prevent Theft and Embezzlement
Condominium associations and homeowners associations manage substantial collective assets. Monthly assessments, reserve contributions, special assessments, and insurance proceeds often total hundreds of thousands, if not millions, of dollars annually. These funds are...
Does your Association need to adopt a Solar Energy Policy Statement?
The Homeowners’ Energy Policy Act On July 8, 2024, Michigan’s governor signed House Bill 5028 into law as the Homeowners’ Energy Policy Act, MCL - Act 68 of 2024, MCL – Section 559.301 et seq. MCL - Section 559.305 invalidates provisions in a “homeowners’ association...
Thinking About Buying a Lakefront or Waterfront Property in Michigan? Legal Issues to Consider Before You Do!
Buying a lakefront home in Michigan is on a lot of people’s wish lists, and it’s easy to understand why. With thousands of inland lakes and endless stretches of shoreline, our state offers some of the most beautiful water access in the country. But as dreamy as the...
Holiday Decorations in Community Associations
The winter holidays are upon us, and community association boards receive questions about holiday decorations. Can community associations restrict holiday decorations, and what are some of the considerations? Enforceability of Restrictions Generally, restrictions will...
Why Every College Student Should Have a Durable Power of Attorney and Healthcare Power of Attorney
When parents drop their children off at college, they often think about textbooks, dorm room essentials, and meal plans. But what many families overlook is one of the most important safeguards a young adult can have: a Durable Power of Attorney (POA) and a Healthcare...
Governor signed HB 4524 Amending Marketable Record Title Act to Protect Condominiums and Most Subdivision Restrictions
On September 29, 2025, the Governor signed HB 4524 into law. It amends the Marketable Record Title Act exclude declarations for traditional subdivisions executed and recorded on or after January 1, 1950 and master deeds and amendments to master deeds of condominiums....
Condominium Modifications for Accessibility
Because condominiums are not public accommodations, they are not subject to the Americans with Disabilities Act. They are subject to the Fair Housing Act. However, in the context of making modifications for accessibility, Michigan has its own scheme under the...
Alternative Dispute Resolution in Michigan: What You Need to Know
Alternative Dispute Resolution in Michigan: What You Need to Know “I don’t want a mediator deciding my case. I want a judge or a jury! I want my day in court!” As both an attorney and a certified mediator, I hear this concern frequently. But here’s the reality: your...
Understanding Condominium Common Elements
Each week we receive questions about condominium Common Elements, the responsibilities for them, and the relationship with Units. We will examine how they are defined, what are examples, who is responsible for decoration, maintenance, repair, replacement, and...

