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...
Lately, it seems I am doing a lot of reviews for landlord clients of leases provided to their tenants by property managers they hired to manage their residential properties. It is clear after review of many of these leases that either the property managers have: 1)...
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...
At least once a year I receive a call from a board member or property manager in which I am informed that the board of directors has voted a fellow director off the board. When I inform the caller that this is probably not possible in the typical residential...
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...
