On July 8, 2024, Michigan’s governor signed House Bill 5028 into law. Section 5(1) of HB 5028 invalidates provisions in a “homeowners’ association agreement” that do any of the following: (a) A provision that prohibits, or requires the approval of a homeowners’...
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....
On more than one 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 an...
Regular readers of the Tilchin & Hall Law Blog will already be familiar with the federal Corporate Transparency Act (CTA) from Corene Ford’s December 2023 post on the CTA and its impact on residential associations. To briefly recap, the CTA, with its stated goal...
Estate planning is not just for the rich or the elderly; it is an important part of being financially responsible and taking care of your loved ones. However, it is often an issue that is avoided or ignored until it is too late. Estate planning should be a priority...
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,...
Shortly after the collapse of the Champlain Towers Condominium in Surfside, Florida in 2021, Fannie Mae (“Fannie”) and Freddie Mac (“Freddie”), the government-sponsored entities which support the secondary mortgage market in the US and wield enormous power over...
Homeowners Associations (HOAs) and Condominium Associations play large role in maintaining order, managing common spaces, and preserving property values. These organizations are in most cases run by a board of directors made up of volunteers. The recent introduction...
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?...
Architectural control and the authority to approve modifications are some of the most important responsibilities of a residential association and can present difficult issues. Both homeowners associations and condominium associations will often have the authority to...
