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    <title type="text">Tilchin &amp; Hall PC</title>
    <subtitle type="text">Tilchin &#38; Hall PC</subtitle>

    <updated>2026-06-26T13:39:15Z</updated>

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        <entry>
            <author>
									                    <name>by Corene  Ford</name>
				            </author>
            <title type="html"><![CDATA[How to Protect Yourself from Wire Fraud in Michigan Real Estate Closings]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2026/06/how-to-protect-yourself-from-wire-fraud-in-michigan-real-estate-closings/" />
            <id>https://www.tilchinhall.com/?p=48423</id>
            <updated>2026-05-22T12:28:49Z</updated>
            <published>2026-06-26T13:39:15Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Real estate transactions have become increasingly digital over the last several years. Purchase agreements are signed electronically, documents are exchanged through email and cloud-based systems, and closing funds are often wired between financial institutions within hours. While these technological changes have made closings faster and more convenient, they have also created new opportunities for cybercriminals. Wire fraud in real estate…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2026/06/how-to-protect-yourself-from-wire-fraud-in-michigan-real-estate-closings/"><![CDATA[Real estate transactions have become increasingly digital over the last several years. Purchase agreements are signed electronically, documents are exchanged through email and cloud-based systems, and closing funds are often wired between financial institutions within hours. While these technological changes have made closings faster and more convenient, they have also created new opportunities for cybercriminals.

Wire fraud in real estate transactions is becoming a serious problem across Michigan and throughout the country. Buyers, sellers, title companies, attorneys, lenders, and real estate agents are all potential targets. In many cases, a single fraudulent email sent at the right moment can result in the loss of tens or even hundreds of thousands of dollars. Unfortunately, these scams are often sophisticated enough to fool even careful people.

<u>How Wire Fraud in Real Estate Transactions Usually Happen</u>

Most real estate wire fraud schemes begin with a compromised email account. A cybercriminal may gain access to the email account of a buyer, seller, real estate agent, attorney, or title company employee through phishing emails, weak passwords, malware, or data breaches. Once inside the account, the fraudster often quietly monitors communications for days or weeks. They study the transaction, identify who is involved, and wait until the closing date approaches. Then, shortly before closing, the criminal sends an email containing “updated” or “corrected” wire instructions. The message may appear completely legitimate. Sometimes it comes directly from the real email account of a trusted party. Other times, the scammer creates a nearly identical email address that differs by only one letter or symbol. The buyer receives the instructions, assumes they are legitimate, and wires the closing funds to the fraudulent account.

By the time anyone realizes what happened, the money may already have been transferred through multiple accounts or moved overseas, making recovery extremely difficult.

<u>Why Do These Scams Work So Well for the Scammers?</u>

Real estate transactions create the perfect environment for wire fraud. Closings are fast-paced, stressful, and involve large sums of money. Buyers are often wiring significant funds for the first time and may already feel overwhelmed by the process. Anyone who has ever purchased a home knows that you may never sign your name more times within 30 minutes as you do during a real estate closing!

In addition, real estate deals involve many different parties communicating through email, including:
<ul>
 	<li>Buyers and sellers</li>
 	<li>Real estate agents and brokers</li>
 	<li>Mortgage lenders</li>
 	<li>Title companies</li>
 	<li>Attorneys</li>
 	<li>Escrow agents</li>
 	<li>Condominium associations/Homeowners associations</li>
 	<li>Representatives of other lien holders</li>
</ul>
Because so many people are involved, buyers become accustomed to receiving emails, attachments, revised documents, and last-minute updates. That makes it easier for fraudulent communications to blend in.

Cybercriminals also understand psychology and many scam emails create a sense of urgency by using the “red exclamation point” and saying things like:
<ul>
 	<li>“These are the updated wire instructions.”</li>
 	<li>“Please send the funds immediately to avoid closing delays.”</li>
 	<li>“The account information has changed.”</li>
</ul>
Because of the pressure to complete all the transactions timely, some buyers act quickly without independently verifying the information.

<u>Michigan Buyers Should Be on the Lookout</u>

There have been numerous cases of multi-million dollar wire-fraud schemes in Michigan.
<ul>
 	<li><a href="https://www.justice.gov/usao-edmi/pr/real-estate-investor-pleads-guilty-3-million-wire-and-bankruptcy-fraud-scheme" data-wpel-link="external" target="_blank" rel="noopener noreferrer">“Real Estate Investor Pleads Guilty to $3 Million Wire and Bankruptcy Fraud Scheme”</a></li>
 	<li><a href="https://www.alta.org/news-and-publications/news/20210318-Owner-of-Fake-Title-Company-in-Michigan-Pleads-Guilty-to-Fraud-Scheme-to-Fuel-Gambling-Habit" data-wpel-link="external" target="_blank" rel="noopener noreferrer">“Owner of Fake Title Company in Michigan Pleads Guilty to Fraud Scheme to Fuel Gambling Habit”</a></li>
 	<li><a href="https://www.fox2detroit.com/news/michigan-real-estate-investor-pleads-guilty-to-stealing-3-million-in-wire-bankruptcy-fraud-scheme" data-wpel-link="external" target="_blank" rel="noopener noreferrer">“Michigan real estate investor pleads guilty to $3M bankruptcy fraud scheme”</a></li>
</ul>
For the average person, the best protection against wire fraud is simple: verify wire instructions verbally before sending any money. <u>NEVER</u> rely solely on emailed instructions, even if the email appears authentic. Instead, call the title company, attorney, or closing agent using a trusted phone number obtained independently. <u>DO NOT USE THE ONE LISTED IN THE SUSPICIOUS EMAIL! </u>Then confirm the instructions directly. That one phone call can prevent catastrophic financial loss.

Parties to real estate transactions should also watch for warning signs such as:
<ul>
 	<li>Last-minute changes to wire instructions</li>
 	<li>Requests for secrecy or urgency</li>
 	<li>Poor grammar or unusual wording</li>
 	<li>Slightly altered email addresses</li>
 	<li>Unexpected or odd-looking attachments or links</li>
</ul>
Even sophisticated professionals can fall victim to these scams. These scammers know what they are doing and how to do it! Anyone that is a party to a real estate transaction should assume that every wire instruction email deserves close scrutiny.

<u>Title Companies and Law Firms Are Major Targets</u>

As I stated above, even sophisticated professionals can fall victim to these scams. Title companies and law firms are very attractive targets for cybercriminals because they routinely handle large wire transfers and sensitive financial information.

A compromised title company email account can expose closing schedules, escrow information, and banking instructions for multiple transactions at once. Similarly, law firms involved in real estate matters often possess confidential client communications and access to escrow accounts. Smaller firms can be especially vulnerable if they lack dedicated cybersecurity staff or advanced security systems.

Cybersecurity has become an increasingly important part of real estate practice. Many Michigan title companies and law firms are implementing stronger safeguards, including:
<ul>
 	<li>Multi-factor authentication</li>
 	<li>Secure client portals</li>
 	<li>Encrypted communications</li>
 	<li>Employee phishing training</li>
 	<li>Password management systems</li>
 	<li>Internal approval procedures for wire transfers</li>
</ul>
Some leery companies now avoid transmitting wire instructions through standard email altogether.

<u>If You Have Been Scammed, It Can Get Complicated</u>

When funds disappear in a wire fraud scam, the immediate question the person that has been scammed asks is: who is responsible? I wish there was a simple answer to that question and in all but a very few cases, there is not.

Victims may attempt to pursue claims against various parties involved in the transaction, including title companies, attorneys, brokers, lenders, or financial institutions. Legal claims may involve allegations of negligence, breach of fiduciary duty, professional malpractice, or failure to implement reasonable cybersecurity measures. A buyer may argue that a title company failed to use secure communication systems or ignored obvious signs of email compromise. Similarly, law firms and brokerages may face scrutiny regarding their internal cybersecurity practices and employee training procedures. At the same time, businesses that handle financial transactions increasingly face expectations that they maintain reasonable data security protections. Courts and insurers alike are beginning to treat cybersecurity as part of ordinary professional responsibility.

<u>If You Routinely Deal in Real Estate, Cyber Insurance Is a Must</u>

Because of the growing threat of wire fraud and data breaches, many Michigan real estate professionals are obtaining cyber liability insurance coverage. In my opinion, this coverage should be mandatory for any real estate professional.

These policies may help cover:
<ul>
 	<li>Fraudulent wire transfer losses</li>
 	<li>Data breach response costs</li>
 	<li>Business interruption losses</li>
 	<li>Forensic investigations</li>
 	<li>Client notification expenses</li>
 	<li>Regulatory investigations</li>
</ul>
However, not all policies provide the same protection. Coverage disputes frequently arise over policy exclusions, employee conduct, or whether a fraudulent transfer qualifies as covered “social engineering” fraud. Businesses involved in real estate transactions should carefully review their insurance coverage and understand exactly what protections exist before a problem occurs. They should make sure that they have a trusted insurance agent that can advise them appropriately and correctly concerning the coverage. A knowledgeable insurance agent is invaluable to any real estate professional.

<u>Cybersecurity Is Part of Every Real Estate Transaction, No Exception</u>

A decade ago, people viewed cybersecurity as primarily an IT issue. Today, cybersecurity is a central risk-management issue affecting nearly every Michigan real estate transaction. As transactions become more digital, cybercriminals continue to develop more sophisticated tactics. Artificial intelligence, realistic phishing emails, and advanced impersonation techniques are making scams harder to detect. It is truly scary how good these scammers are at implementing the latest technologies to take your money. The good news is that many wire fraud losses can be prevented. Careful verification procedures, secure communication systems, employee training, and consumer awareness can dramatically reduce the risk.

For buyers, the takeaway is straightforward: never send wiring funds without verbally confirming the instructions through a trusted source. For real estate professionals, cybersecurity can no longer be treated as optional. Clients increasingly expect brokers, attorneys, lenders, and title companies to safeguard sensitive information and implement modern security practices.

A single fraudulent email can derail an entire transaction and create enormous financial and legal consequences. In today’s market, vigilance and verification are just as important as the closing documents themselves.

If you have questions about how to remain secure in a real estate transaction or if you have been scammed in a real estate transaction, then Tilchin &amp; Hall, P.C. can help. Please call us at (248) 349-6203 or email us using the form below.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Adam  Randall</name>
				            </author>
            <title type="html"><![CDATA[2026 Changes in Condominium Reserve Funding]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2026/05/2026-changes-in-condominium-reserve-funding/" />
            <id>https://www.tilchinhall.com/?p=48392</id>
            <updated>2026-05-21T16:30:21Z</updated>
            <published>2026-05-07T13:56:01Z</published>
					<taxo:topics><![CDATA[Community Associations, condo, condo association, Condominium, hoa, homeowners association, Reserve account, Reserve funds, Reserve Studies, Reserves]]></taxo:topics>
            <summary type="html"><![CDATA[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 co-owners. The administrator may by rule establish minimum standards for reserve funds. The statute itself does not set a…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2026/05/2026-changes-in-condominium-reserve-funding/"><![CDATA[<strong><u>Reserve Fund Statutory Basis</u></strong>

The Michigan Condominium act, <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-205" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.205</a>, 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 co-owners. The administrator may by rule establish minimum standards for reserve funds.

The statute itself does not set a minimum level, but defers to the Administrator, originally the Department of Consumer and Industry Services, and currently the <a href="https://www.michigan.gov/lara/about/opla" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Office of Policy and Legislative Affairs (OPLA)</a>. The Office maintains the <a href="https://ars.apps.lara.state.mi.us/AdminCode/DeptBureauAdminCode?Department=Licensing%20and%20Regulatory%20Affairs&amp;Bureau=Office%20of%20Policy%20and%20Legislative%20Affairs" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Condominium Administrative Rules</a>. Rule 559.511(1) sets the minimum at 10%:

R 559.511 Reserve fund for major repairs and replacement of common elements.

Rule 511. (1) The bylaws shall provide that the association of co-owners shall maintain a reserve fund for major repairs and replacement of common elements in accordance with section 105 of the act. The co-owners' association shall maintain a reserve fund which, at a minimum, shall be equal to 10% of the association's current annual budget on a noncumulative basis.

The “noncumulative” language means that theoretically an association need not contribute every year if it has 10% of the current budget on hand from contributions in previous years.

The Rules recognize that 10% is the absolute minimum, and noncumulative contribution is likely appropriate only for single-family, detached “site” condominiums with few common elements and minimal maintenance responsibilities. Therefore Rule 559.511 requires Condominium Bylaws to insert additional statutory language:

(4) The following statement shall be contained in the bylaws: "The minimum standard required by this section may prove to be inadequate for a particular project. The association of co-owners should carefully analyze their condominium project to determine if a greater amount should be set aside, or if additional reserve funds should be established for other purposes."

<strong><u>Fannie Mae and Freddie Mac Increasing to 15% Minimum Reserve Funding</u></strong>

Federal National Mortgage Association (FNMA) (“Fannie Mae”) and Federal Home Loan Mortgage Corporation (FHLMC) (“Freddie Mac”) guarantee most mortgages in the United States. Therefore, their own rules hold considerable sway over mortgage and real property industry practices, over and above statutory and administrative requirements.

For decades, Fannie Mae and Freddie Mac have required condominium associations to dedicate a minimum of 10% of their annual budget to the reserve fund each year. This effectively eliminates the “noncumulative” option allowed under Michigan Condominium Administrative Rules.

The requirements are about to increase again. On March 18, 2026, Fannie Mae released <a href="https://singlefamily.fanniemae.com/media/44986/display" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Lender Letter (LL-2026-03)</a> and Freddie Mac released <a href="https://guide.freddiemac.com/app/guide/bulletin/2026-C" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Bulletin 2026-C</a>. Effective January 4, 2027, Fannie Mae and Freddie Mac are increasing the minimum reserve funding requirement from 10% to 15% of the annual budget.

The requirements provide an exception to the 15% contribution if an association has a reserve study conducted or updated within the last three years, and the association is following the highest level of funding recommended in the study, not merely the baseline.

Only site condominiums with minimal maintenance responsibilities are likely to have reserve studies with the most aggressive savings track under 15%. This means that for many site condominiums, and all attached condominiums, the minimum reserve contribution will be 15% of the budget, every year.

<strong><u>Michigan Contemplating Mandatory Reserve Studies</u></strong>

Proposed Michigan law would define a reserve study as:

A study of reserve funds required to pay for future major repairs and replacement of the common elements in a condominium that meets all of the following criteria:
<p style="padding-left: 40px;">(a) Identifies each structural, mechanical, electrical, and plumbing component of the common elements and any other components that are the responsibility of the association of co-owners to repair or replace in accordance with the condominium documents.
(b) States the normal useful life and the estimated remaining useful life of each identified component.
(c) States the estimated current cost of repair or replacement of each identified component.
(d) States the estimated annual reserve amount necessary to accomplish any identified future repair or replacement of the components.</p>
Reserve studies are typically prepared by independent professional companies who utilize engineers and accountants to conduct the inspections and prepare the reports and plans.

On April 14, 2026, the Michigan House of Representatives introduced <a href="https://legislature.mi.gov/Bills/Bill?ObjectName=2026-HB-5784" data-wpel-link="external" target="_blank" rel="noopener noreferrer">House Bill 5784 of 2026</a>. If passed by both houses of the state legislature and signed by the governor, the bill would introduce new regulations:
<ol>
 	<li style="list-style-type: none;">
<ol>
 	<li>Condominiums that do not have a current reserve study would have three years to conduct one, or contract for one to be done in the fourth year.</li>
 	<li>Existing reserve studies would have to be updated every five years.</li>
 	<li>Impacted condominiums (virtually all):
<ol style="list-style-type: lower-alpha;">
 	<li>Maintains, repairs, or replaces common elements,</li>
 	<li>Has an annual budget of over $20,000,</li>
 	<li>Has more than twenty units.</li>
</ol>
</li>
 	<li>Reserve study providers would have to meet licensing or industry certification requirements.</li>
 	<li>Condominium Boards of Directors would have to adopt a reserve funding plan to comply with the reserve study.</li>
 	<li>Boards would have to set the annual budget to comply with the reserve funding plan.</li>
 	<li>Boards would have to send notices and disclosures to the Co-owners regarding the reserve study, the reserve funding plan, and potential assessment increases or borrowing to comply with them.</li>
</ol>
</li>
</ol>
Note that the legislature introduced a substantially similar bill in the 2023-2024 session that failed to advance, so the current bill is not guaranteed to become law.

<strong><u>What To Do Now</u></strong>

Any association that does not currently contribute at least 15% of its annual budget to its reserve fund should plan to do so for 2027. Associations with fiscal years in advance of the calendar year should do so earlier, to cover January 4, 2027.

All associations should consider conducting a reserve study or updating their existing studies if they are more than five years old.

<strong><u>Conclusion</u></strong>

If your condominium association or homeowners association has questions about reserve funding, reserve studies, or other topics in community association administration, then Tilchin &amp; Hall, P.C., can help. Please call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or email us using the form below.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Corene  Ford</name>
				            </author>
            <title type="html"><![CDATA[Why Condominium and Homeowners Association Boards Must Closely Monitor Their Financials to Prevent Theft and Embezzlement]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2026/03/why-condominium-and-homeowners-association-boards-must-closely-monitor-their-financials-to-prevent-theft-and-embezzlement/" />
            <id>https://www.tilchinhall.com/?p=48389</id>
            <updated>2026-05-08T10:07:30Z</updated>
            <published>2026-03-27T18:39:39Z</published>
					<taxo:topics><![CDATA[Community Associations, condo, condo association, Condominium, Embezzlement, Finances, hoa, homeowners association, misconduct]]></taxo:topics>
            <summary type="html"><![CDATA[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 held in trust for the benefit of all association members. When oversight is lacking, the opportunity for theft or embezzlement drastically increases. For people serving as directors and…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2026/03/why-condominium-and-homeowners-association-boards-must-closely-monitor-their-financials-to-prevent-theft-and-embezzlement/"><![CDATA[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 held in trust for the benefit of all association members. When oversight is lacking, the opportunity for theft or embezzlement drastically increases. For people serving as directors and officers of condominium associations or homeowners associations, careful financial governance is not simply good practice; it is an important fiduciary obligation.

<strong>Real-World Examples of Embezzlement</strong>

Financial misconduct within condominium and homeowners associations is more common than many boards realize. In 2024, in Aventura, Florida, the president of the Turnberry on the Green condominium faced criminal allegations after he was accused of diverting approximately $1.5 million in association funds over several years. The case, reported by <a href="https://www.cbsnews.com/miami/news/aventura-condo-president-charged-with-stealing-cash-property/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">CBS News</a>, illustrates how unchecked authority and limited financial segregation can allow misconduct to continue undetected for an extended period.

Similarly, in 2025, Miami-Dade County, a former manager of The Club at Brickell Bay Condominium was accused of operating a “ghost employee” scheme, allegedly siphoning more than $140,000 from association accounts. According to reporting, fabricated payroll entries and fraudulent payments went unnoticed until significant losses had accumulated. You can read more on <a href="https://miamisao.com/press-release/for-immediate-release-former-condo-property-manager-charged-in-alleged-ghost-employee-scheme/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">The Office of State Attorney of Florida’s website</a>.

In <a href="https://www.yahoo.com/news/articles/property-manager-indicted-8-felony-182637794.html?guccounter=1&amp;guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&amp;guce_referrer_sig=AQAAAM0mV9seKnMUQKYROsulOqSlxb29uP44zkYcXKF65HE4JY9Pwk_Ct7-Ja9rezbhrjeIIW32wOkpZJoYnPtRexBShlnlXTMOyBNpXz1Vol65aylqDfTqNPrDrTwsxrtOX1JBcMHWIwHeW5dpXYyMdDUcZXglBTOACGHDfjAR-zjNW" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Georgia</a> in 2026, a property manager was indicted by a grand jury in connection with alleged thefts from clients whose money was supposed to be held and distributed through the company.

In <a href="https://www.mlive.com/news/jackson/2022/11/jackson-woman-ordered-to-pay-77k-to-senior-living-condos-in-embezzlement-case.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Michigan</a> in 2022, after she pleaded no contest to a charge of embezzlement, the former treasurer of the Fayette Arms Condominiums was given a suspended jail sentence of 365 days and 36 months of probation. She was also ordered to pay $77,934 to the condominium association in restitution.

These cases are not anomalies. Across the country, association treasurers have written unauthorized checks to themselves, managers have inflated vendor invoices, and board members have used reserve funds for personal expenses. Many incidents come to light only after a change in leadership, a forensic audit, or a whistleblower complaint.

<strong>Why Condominium Associations and Homeowners Associations Are Vulnerable</strong>

The structure of Condominium and Homeowners association governance creates inherent risk factors:
<ul>
 	<li><strong>Concentration of authority.</strong></li>
</ul>
<p style="padding-left: 40px;">In smaller associations especially, one individual may serve simultaneously as board president, treasurer, and de facto financial overseer. When that person also works closely with the property manager, internal controls can erode quickly. The absence of segregation of duties is one of the most significant red flags in fraud prevention.</p>

<ul>
 	<li><strong>Volunteer leadership.</strong></li>
</ul>
<p style="padding-left: 40px;">Board members are typically volunteers. While dedicated, they often lack formal training in accounting, internal controls, or fraud detection. Without financial literacy, irregularities may go unnoticed.</p>

<ul>
 	<li><strong>Limited owner engagement.</strong></li>
</ul>
<p style="padding-left: 40px;">Owners frequently rely on the board to “handle the finances.” When financial statements are distributed but not reviewed critically, transparency becomes performative rather than protective.</p>

<ul>
 	<li><strong>Overreliance on management companies.</strong></li>
</ul>
<p style="padding-left: 40px;">Professional property managers provide essential services, but boards sometimes delegate too much authority. Blind trust without verification undermines fiduciary oversight.</p>
<strong>The Financial and Legal Consequences</strong>

The financial impact of embezzlement extends beyond the stolen funds themselves. Associations often face:
<ul>
 	<li>Emergency special assessments to replenish reserves</li>
 	<li>Increased insurance premiums or difficulty securing fidelity coverage</li>
 	<li>Costly litigation and forensic accounting expenses</li>
 	<li>Delayed capital projects and maintenance</li>
 	<li>Reputational harm that affects property values</li>
</ul>
Board members also face potential exposure. While directors are generally protected under the business judgment rule when acting in good faith, a consistent failure to implement basic oversight mechanisms may raise questions regarding breach of fiduciary duty.

<strong>Best Practices to Mitigate Risk</strong>

Effective financial governance requires layered controls. No single safeguard is sufficient. Boards should implement the following measures as standard operating procedure:
<ul>
 	<li><strong>Segregation of duties.</strong></li>
</ul>
<p style="padding-left: 40px;">No individual should control invoice approval, check preparation, and bank reconciliation simultaneously. If staffing is limited, require dual signatures on checks above a defined threshold and board approval for electronic transfers.</p>

<ul>
 	<li><strong>Independent annual audits or reviews.</strong></li>
</ul>
<p style="padding-left: 40px;">Engage a certified public accountant experienced in community association accounting. Even smaller associations should consider at minimum an annual financial review. Annual audits or reviews are required by the <a href="https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-559-157" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Michigan Condominium Act</a> if the condominium association has annual revenues over $20,000.00, unless a majority of the association’s members vote to opt out of the requirement.</p>

<ul>
 	<li><strong>Monthly financial reporting.</strong></li>
</ul>
<p style="padding-left: 40px;">Boards should review income statements, balance sheets, aged receivables reports, and bank reconciliations at every meeting. These reviews should be done carefully, not hastily.</p>

<ul>
 	<li><strong>Direct access to bank statements.</strong></li>
</ul>
<p style="padding-left: 40px;">At least one board member independent of day-to-day bookkeeping should receive bank statements directly from the financial institution.</p>

<ul>
 	<li><strong>Vendor verification protocols.</strong></li>
</ul>
<p style="padding-left: 40px;">New vendors should undergo due diligence, including confirmation of corporate registration, tax identification numbers, and proof of insurance. Regular vendor audits help detect inflated or duplicate payments.</p>

<ul>
 	<li><strong>Fidelity insurance coverage.</strong></li>
</ul>
<p style="padding-left: 40px;">Adequate fidelity bond or crime coverage is essential. Boards should confirm that coverage extends to officers, directors, employees, and management companies.</p>

<ul>
 	<li><strong>Transparent owner communication.</strong></li>
</ul>
<p style="padding-left: 40px;">Providing accessible financial summaries and permitting reasonable record inspection reinforces accountability and builds trust. However, this transparency does not mean that a board should allow association members to dictate how each dollar is spent.</p>
<strong>Governance Is a Fiduciary Duty</strong>

Financial vigilance is not a matter of suspicion; it is a matter of stewardship. Association boards act as fiduciaries, meaning they must exercise due care, loyalty, and good faith in managing association assets. Courts consistently recognize that while volunteer directors are not expected to be financial experts, they are expected to implement reasonable oversight procedures.

Fraud prevention operates on a simple principle: trust, but verify. When boards institutionalize transparency and internal controls, they reduce both opportunity and temptation. Conversely, when oversight is casual or deferred, the association becomes vulnerable to significant loss.

Condominium communities function on collective investment. Every owner contributes to the shared enterprise. Protecting those contributions through disciplined financial governance preserves not only assets but also confidence in the integrity of community leadership.

The Attorneys at Tilchin &amp; Hall, P.C. have successfully litigated cases on behalf of association who were victims of financial misconduct. If you are an association member and there are financial misconduct concerns, please contact us by giving us a call at [nap_phone id="LOCAL-REGULAR-NUMBER-1"], or by emailing us using the form below.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Adam  Randall</name>
				            </author>
            <title type="html"><![CDATA[Does your Association need to adopt a Solar Energy Policy Statement?]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2026/02/does-your-association-need-to-adopt-a-solar-energy-policy-statement/" />
            <id>https://www.tilchinhall.com/?p=48386</id>
            <updated>2026-02-23T17:33:01Z</updated>
            <published>2026-02-23T17:32:20Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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 agreement” that do any of the following: (a) A provision that prohibits, or requires the…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2026/02/does-your-association-need-to-adopt-a-solar-energy-policy-statement/"><![CDATA[<strong><u>The Homeowners’ Energy Policy Act</u></strong>

On July 8, 2024, Michigan’s governor signed <a href="https://www.legislature.mi.gov/documents/2023-2024/publicact/htm/2024-PA-0068.htm" data-wpel-link="external" target="_blank" rel="noopener noreferrer">House Bill 5028</a> into law as the Homeowners’ Energy Policy Act, <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-Act-68-of-2024" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Act 68 of 2024</a>, <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-301" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL – Section 559.301</a> et seq. <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-305" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.305</a> invalidates provisions in a “homeowners’ association agreement” that do any of the following:
<p style="padding-left: 40px;">(a) A provision that prohibits, or requires the approval of a homeowners’ association for, a member to replace, maintain, install, or operate an energy-saving improvement or modification.</p>
<p style="padding-left: 40px;">(b) A provision that compels, or requires association approval for, a member to make auxiliary changes needed for the installation of an energy-saving improvement or modification.</p>
<a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-303" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.303</a> defines various covered improvements and modifications: clotheslines, air source heat pumps, ground source heat pumps, insulation, rain barrels, reflective roofing, energy efficient appliances, solar water heaters, electric vehicle supply equipment, energy-efficient windows, and energy-efficient insulations materials, and solar energy systems.

However, the Homeowners’ Energy Policy Act imposes affirmative duties only regarding solar energy systems. <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-309" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.309</a> requires homeowners’ associations to enact a solar energy policy before April 2, 2026.

<strong><u>Homeowners Associations</u></strong>

Traditional Homeowners Associations (“HOA”) are organized as a platted subdivision, and governed by a recorded Declaration of Covenants, Conditions and Restrictions (“Declaration”) (“CCR”). <a href="#_ftn1" name="_ftnref1">[1]</a>

These associations are subject to the Homeowners’ Energy Policy Act and should adopt a Solar Energy Policy Statement. Failure to do so allows homeowners to install solar energy systems without application, approval, fines, or penalties, pursuant to <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-311" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.311</a>.

<strong><u>Condominium Associations in General</u></strong>

Despite the legislature placing the Homeowners’ Energy Policy Act in <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-chap559" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Chapter 559</a> “Condominiums,” its application to associations organized under <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-Act-59-of-1978" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Act 59 of 1978</a>, the Condominium Act, is doubtful. The definitions section of the Homeowners’ Energy Policy Act, <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-303" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.303</a>, does not does not define the term "homeowners’ association." Furthermore, the Homeowners’ Energy Policy Act makes no reference to "condominium association." Given these omissions, we take the interpretation that the Homeowners' Energy Policy Act does not apply to associations organized under the Condominium Act.<a href="#_ftn2" name="_ftnref2">[2]</a>

<strong><u>Detached/Site Condominiums</u></strong>

Detached/site condominiums are projects where the homes have no shared roofs, and the Co-owner’s Unit typically includes both the home and some or all the yard (together, the “site”). Visually, they may be indistinguishable from traditional subdivisions.

We take the interpretation that these associations are not subject to the Homeowners’ Energy Policy Act and are not required to adopt solar energy policy statements. However, the areas where Co-owners would be installing solar energy systems are part of the Unit or Limited Common Elements, areas where the Co-owner has exclusive uses, as well as the responsibility for decoration, maintenance, repair, replacement, and insurance. Therefore, if the associations do not have aesthetic or architectural objections to solar energy systems, they may voluntarily adopt solar energy policy statements, for uniformity with homeowners associations.

<strong><u>Attached Condominiums</u></strong>

In this context, attached condominiums are associations organized under the Condominium Act that have shared roofs. <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-303" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.303</a> defines shared roof as “a roof that serves more than 1 home or unit, including, but not limited to, a contiguous roof that serves adjacent homes or units.”

Independent of our interpretation that condominium associations are not subject to the Homeowners’ Energy Policy Act, attached condominiums benefit from a specific statutory exemption. <a href="https://legislature.mi.gov/Laws/MCL?objectName=mcl-559-313" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL - Section 559.313</a> states that the Homeowners’ Energy Policy Act does not apply to solar energy systems or other energy-saving improvements or modifications in common areas or on shared roofs. Therefore, these associations are not required to adopt solar energy policy statements.

<strong><u>Conclusion</u></strong>

If your homeowners’ association needs assistance developing a solar energy policy statement to comply with the Homeowners’ Energy Policy Act, or if your condominium association wants to take a proactive approach with solar energy system installations or energy improvement modifications, then Tilchin &amp; Hall, P.C., can help. Please call us at (248) 349-6203 or email us using the form below.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

<a href="#_ftnref1" name="_ftn1">[1]</a> For a more in-depth explanation between condominiums and traditional subdivisions, please check out our <a href="https://www.tilchinhall.com/blog/2022/11/should-you-buy-a-condominium-or-a-home-with-a-hoa-your-personality-matters/" data-wpel-link="internal">blog from November 28, 2022</a>.

<a href="#_ftnref2" name="_ftn2">[2]</a> For examination of the legislative precedent, statutory constructions, legal interpretation, and case law, please check out our <a href="https://www.tilchinhall.com/blog/2024/07/michigans-house-bill-5028s-applicability-to-condo-associations-is-questionable/" data-wpel-link="internal">blog from July 22, 2024</a>.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Corene  Ford</name>
				            </author>
            <title type="html"><![CDATA[Thinking About Buying a Lakefront or Waterfront Property in Michigan? Legal Issues to Consider Before You Do!]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2025/12/thinking-about-buying-a-lakefront-or-waterfront-property-in-michigan-legal-issues-to-consider-before-you-do/" />
            <id>https://www.tilchinhall.com/?p=48371</id>
            <updated>2025-12-29T13:51:01Z</updated>
            <published>2025-12-29T13:49:58Z</published>
					<taxo:topics><![CDATA[Buying real estate, condo, condo association, Condominium, Deed Restrictions, hoa, homeowners association, lake front property, Purchasing a home, Real Estate Law, Title to property]]></taxo:topics>
            <summary type="html"><![CDATA[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 idea may be, purchasing on the water is not quite the same…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2025/12/thinking-about-buying-a-lakefront-or-waterfront-property-in-michigan-legal-issues-to-consider-before-you-do/"><![CDATA[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 idea may be, purchasing on the water is not quite the same as buying a traditional residential home. There are extra layers of law, regulation, and local custom that many buyers don’t realize until they are already knee-deep in the process.

If you’re thinking about making the leap into waterfront living, here are the key legal issues you should understand before signing a purchase agreement.

<strong><u>Riparian Rights: What They Are and Why They Matter</u></strong>

In Michigan, owning land that actually touches the water comes with a unique bundle of legal rights known as <strong>riparian rights</strong>. These rights include things like the ability to swim, boat, and install a reasonable dock in front of your property. They also typically include ownership of the <strong>bottomlands</strong> (the land beneath the water extending out to the lake’s center or the thread of a stream).

But the tricky part is that riparian rights are not automatic just because a listing says, “lake access.” It’s common for homes to be “near” the water without actually touching it. In subdivisions, condos, and older platted communities, certain owners may have exclusive riparian rights while others only have shared or deeded access.

Before moving forward, it’s worth having an attorney review the title and a survey to confirm that the property is truly riparian. Buyers are often surprised to learn that a neighbor, or an entire association, controls the rights they thought came with the house.

&nbsp;

<strong><u>Not All “Access” Is the Same</u></strong>

One of the biggest sources of confusion for buyers comes from phrases like “private access,” “lake privileges,” or “deeded access.” These can mean very different things.

<strong>Private Riparian Access</strong>

This is the gold standard. Your property touches the water, and the rights belong solely to you (subject to reasonableness and local rules).

<strong>Shared or Deeded Access</strong>

You may have the right to use a community beach, park, or dock. These rights are spelled out in the recorded documents, and the fine print matters:
<ul>
 	<li>Can you keep a boat there year-round?</li>
 	<li>Are slips assigned, rotated, or first-come, first-served?</li>
 	<li>Can guests use the access?</li>
 	<li>Can tenants use the access?</li>
 	<li>Are there waitlists for docks or hoists?</li>
</ul>
Without reading the actual deed or association rules, it’s impossible to know.

<strong>Public Access Nearby</strong>

This doesn’t give you any rights, but it can affect your enjoyment of the property. Public launches often mean more traffic, noise, and parking concerns.

Whenever “access” is involved, it’s smart to look closely at what is and isn’t included.

&nbsp;

<strong><u>Dock and Mooring Restrictions</u></strong>

Many people assume, “If I live on the lake, I can put in whatever dock I want.” Unfortunately, that’s usually not the case. Between state law, local ordinances, and HOA or lake-association rules, docks and hoists are often heavily regulated.

Some lakes limit:
<ul>
 	<li>The size or shape of your dock</li>
 	<li>The number of boats you can moor</li>
 	<li>Permanent structures or covered boat lifts</li>
 	<li>Placement to avoid interfering with neighbors</li>
</ul>
Even if a dock is already in place, you shouldn’t assume it was installed legally or that you’ll be able to keep it as-is. Permits may be required, and older, non-conforming structures sometimes become a point of contention.

&nbsp;

<strong><u>Bottomland Boundaries and Underwater Encroachments</u></strong>

It sounds odd, but a lot of lakefront disputes happen “under the water.” Because riparian owners typically own the bottomlands adjacent to their property, disagreements often arise over:
<ul>
 	<li>The angle of a neighbor’s dock</li>
 	<li>A swim raft floating over the boundary line</li>
 	<li>Mooring buoys placed too close to your frontage</li>
 	<li>Overly long docks that cut off access</li>
</ul>
A traditional land survey won’t show you what’s happening beneath the surface. In some cases, a specialized riparian survey may be necessary, especially if there is already tension between neighbors.

&nbsp;

<strong><u>Zoning and Building Restrictions</u></strong>

Waterfront properties come with more zoning rules than most homes. You may face restrictions on:
<ul>
 	<li>How close you can build to the shoreline</li>
 	<li>Removing trees or natural vegetation</li>
 	<li>Adding patios, seawalls, or shore paths</li>
 	<li>Septic system placement</li>
 	<li>The height of new construction or additions</li>
 	<li>Erosion control structures</li>
</ul>
If you’re dreaming of remodeling, expanding, or building new, it’s essential to confirm what’s actually allowed. EGLE (Michigan’s Department of Environment, Great Lakes, and Energy) also has a say in many shoreline projects, and ignoring those regulations can be an expensive mistake.

&nbsp;

<strong><u>Environmental Issues and Water Quality</u></strong>

The health of the lake itself affects your day-to-day enjoyment as well as long-term property value. Before committing, look into:
<ul>
 	<li>Whether the lake struggles with algae blooms</li>
 	<li>The presence of invasive species</li>
 	<li>Known erosion problems</li>
 	<li>Stormwater runoff issues</li>
 	<li>Whether it’s a no-wake or limited-speed lake</li>
 	<li>Any history of flooding or shoreline damage</li>
</ul>
Sometimes the lake looks pristine, but the issues emerge in midsummer. By then it’s too late.

&nbsp;

<strong><u>Association Rules and Future Assessments</u></strong>

Many waterfront homes fall within homeowners’ associations, lake associations, or condo boards. These organizations often control:
<ul>
 	<li>Dock assignments</li>
 	<li>Beach hours</li>
 	<li>Boat size or horsepower limits</li>
 	<li>Short-term rental rules</li>
 	<li>Landscaping restrictions</li>
 	<li>Annual or special assessments</li>
</ul>
Always review the bylaws, rules and regulations, meeting minutes, and budget. These documents often reveal what life on the lake is <u>really</u> like, especially when it comes to neighbor disputes or upcoming expenses.

&nbsp;

<strong><u>Insurance and Flood Risk</u></strong>

Waterfront homes may require different insurance coverage than inland properties. Consider:
<ul>
 	<li>Whether the home sits in a FEMA flood zone</li>
 	<li>The cost of flood insurance (if required)</li>
 	<li>Past water damage or drainage problems</li>
 	<li>How docks, hoists, or boathouses are covered</li>
 	<li>Whether the area is prone to shoreline erosion</li>
</ul>
Insurance limitations can influence both your monthly costs and your risk tolerance.

&nbsp;

<span style="text-decoration: underline;"><strong>Always Do Your Homework Before You Fall in Love With the View</strong></span>

Buying a lakefront property in Michigan can be incredibly rewarding, but it’s also more complex than most first-time waterfront buyers realize. The best approach is to treat the due-diligence period seriously: verify riparian rights, understand the type of access you’re actually getting, review surveys and association documents, and look into zoning and environmental concerns.

Working with a real estate attorney who understands waterfront property can save you from unexpected headaches and sometimes from buying the wrong house entirely. When you go in prepared, you’ll be in a much better position to enjoy everything that lakefront living in Michigan has to offer.

Are you considering buying lake front property?  We at Tilchin &amp; Hall, P.C. are available to advise you regarding the process. Please reach out to us at (248) 349-6203 or email us using the form below.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Adam  Randall</name>
				            </author>
            <title type="html"><![CDATA[Holiday Decorations in Community Associations]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2025/11/holiday-decorations-in-community-associations/" />
            <id>https://www.tilchinhall.com/?p=48364</id>
            <updated>2025-12-04T16:38:25Z</updated>
            <published>2025-11-24T15:54:27Z</published>
					<taxo:topics><![CDATA[Community Associations, condo, condo association, Condominium, Decorations, hoa, homeowners association, Michigan]]></taxo:topics>
            <summary type="html"><![CDATA[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 be enforceable if they are contained in the recorded Master Deed and Condominium Bylaws for condominiums or in the recorded Declaration of Covenants, Conditions and Restrictions…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2025/11/holiday-decorations-in-community-associations/"><![CDATA[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?

<u>Enforceability of Restrictions</u>

Generally, restrictions will be enforceable if they are contained in the recorded Master Deed and Condominium Bylaws for condominiums or in the recorded Declaration of Covenants, Conditions and Restrictions for homeowners associations. Restrictions in unrecorded documents, such as Rules &amp; Regulations, may not be enforceable unless the recorded documents specifically authorize them.

<u>Selective Enforcement</u>

When a community association enforces its restrictions, then it must enforce them equally against all co-owners or homeowners. If the association sends notices or levies fines for decoration violations, then it must send notice and levy fines against all co-owners and homeowners similarly in violation. If an association targets only particular displays, then it is selectively enforcing its restrictions, which can create a defense to the enforcement action.

<u>Locations for Display</u>

Even if permitted, co-owners or homeowners and homeowners may display decorations only in their exclusive use areas. For a homeowners association, this will normally be the homeowner’s lot, excepting easements or sidewalk strips. For a detached site condominium, this may be the entire lot, or only an envelope around the home. For an attached condominium, this may be only the porch, patio, or balcony. Co-owners and homeowners may not display decorations in common areas or common elements, such as entrances, clubhouses, parks, medians, or cul-de-sacs.

<u>Display Time and Removal</u>

Governing documents traditionally limited holiday decorations and displays to October through January 15, considering the holidays of Halloween, Thanksgiving, Hanukkah, Christmas, and Epiphany. Depending on the demographics of the community, we recommend flexibility on dates if it is appropriate for the holiday to be celebrated. Examples include when Diwali falls in September and when Lunar New Year falls in February. In such cases it is reasonable to require removal within two weeks following the holiday. However, associations should consider additional flexibility for decorations that have frozen into the ground or onto trees.

<u>Safety and Disposal</u>

Attached condominium projects and any other associations that provide insurance on buildings should strictly observe any fire safety requirements imposed by the insurance underwriters. Candles and incense should be confined to purpose-made, fireproof displays and extinguished when the residents are sleeping or away. Live Christmas trees are also an issue, particularly if decorated with older-style incandescent lights. If permitted, residents must take care to avoid damaging common areas with pine sap and gouged walls. Additionally, some waste removal companies do not allow live trees to be placed in dumpsters or require that they be cut in two before bulk disposal.

<u>Common Area Decorations</u>

Associations that maintain a community display at entrances, parks, or common areas must comply with all municipal restrictions. Displays should be religiously neutral in character. Furthermore, associations should install displays only if they are budgeted items, or social committee funds exist for such expenses.

<u>We Can Help</u>

Are you a director, officer, or manger of a community association, and have questions about holiday decorations or other restrictions? We at Tilchin &amp; Hall, P.C. have many years of experience in these matters, and we are available to advise you regarding administration and enforcement. Please reach out to us at (248) 349-6203 or email us using the form below.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Corene  Ford</name>
				            </author>
            <title type="html"><![CDATA[Why Every College Student Should Have a Durable Power of Attorney and Healthcare Power of Attorney]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2025/10/why-every-college-student-should-have-a-durable-power-of-attorney-and-healthcare-power-of-attorney/" />
            <id>https://www.tilchinhall.com/?p=48346</id>
            <updated>2025-12-04T16:35:44Z</updated>
            <published>2025-10-15T19:36:06Z</published>
					<taxo:topics><![CDATA[estate planning, POA, power of attorney]]></taxo:topics>
            <summary type="html"><![CDATA[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 Power of Attorney (HCPOA). Turning 18 is a legal milestone. At that moment, parents lose…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2025/10/why-every-college-student-should-have-a-durable-power-of-attorney-and-healthcare-power-of-attorney/"><![CDATA[<p data-start="346" data-end="646"><span style="font-size: 12pt; color: #000000;">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: <strong data-start="563" data-end="644">a Durable Power of Attorney (POA) and a Healthcare Power of Attorney (HCPOA).</strong></span></p>
<p data-start="648" data-end="937"><span style="font-size: 12pt; color: #000000;">Turning 18 is a legal milestone. At that moment, parents lose automatic authority to make financial, educational, or medical decisions for their child. That’s why these documents are critical—even for healthy, independent young adults who don’t yet own homes or have large bank accounts.</span></p>
<p data-start="939" data-end="1091"><span style="font-size: 12pt; color: #000000;">In this post, we’ll explore why these legal tools matter, what they do, and how they can protect college students and their families in times of need.</span></p>
<p data-start="939" data-end="1091"><span style="font-size: 12pt; color: #000000;"><strong><span style="text-decoration: underline;">Why Powers of Attorney Matter Once a Student Turns 18</span></strong></span></p>
<p data-start="1158" data-end="1451"><span style="font-size: 12pt; color: #000000;">When a child is under 18, parents are legal guardians and can access medical records, talk with doctors, manage school paperwork, and handle emergencies without issue. But once a student becomes an adult in the eyes of the law, <strong data-start="1386" data-end="1449">HIPAA privacy rules and other regulations shut parents out.</strong></span></p>
<p data-start="1453" data-end="1478"><span style="font-size: 12pt; color: #000000;">Here’s what that means:</span></p>

<ul data-start="1480" data-end="1901">
 	<li data-start="1480" data-end="1589">
<p data-start="1482" data-end="1589"><span style="font-size: 12pt; color: #000000;">If a student is hospitalized after an accident, parents may not be able to get updates or make decisions.</span></p>
</li>
 	<li data-start="1590" data-end="1733">
<p data-start="1592" data-end="1733"><span style="font-size: 12pt; color: #000000;">If financial issues arise—like tuition, rent, or banking problems—parents cannot step in unless the student has given them legal authority.</span></p>
</li>
 	<li data-start="1734" data-end="1901">
<p data-start="1736" data-end="1901"><span style="font-size: 12pt; color: #000000;">Even in emergencies, without proper documents, families might need to go to court to be appointed as guardians—an expensive, time-consuming, and stressful process.</span></p>
</li>
</ul>
<p data-start="1903" data-end="1951"><span style="font-size: 12pt; color: #000000;">That’s why proactive planning is so important.</span></p>
<p data-start="1903" data-end="1951"><span style="text-decoration: underline; font-size: 12pt; color: #000000;"><strong>What Is a Durable Power of Attorney?</strong></span></p>
<p data-start="2001" data-end="2267"><span style="font-size: 12pt; color: #000000;">A <strong data-start="2003" data-end="2032">Durable Power of Attorney</strong> is a document that lets someone (the “agent”) handle financial and legal matters for another person (the “principal”). For college students, this usually means giving a parent or trusted adult the authority to help with things like:</span></p>

<ul data-start="2269" data-end="2464">
 	<li data-start="2269" data-end="2311">
<p data-start="2271" data-end="2311"><span style="font-size: 12pt; color: #000000;">Managing bank accounts or paying bills</span></p>
</li>
 	<li data-start="2312" data-end="2368">
<p data-start="2314" data-end="2368"><span style="font-size: 12pt; color: #000000;">Dealing with landlords or signing housing agreements</span></p>
</li>
 	<li data-start="2369" data-end="2423">
<p data-start="2371" data-end="2423"><span style="font-size: 12pt; color: #000000;">Handling tuition payments or financial aid matters</span></p>
</li>
 	<li data-start="2424" data-end="2464">
<p data-start="2426" data-end="2464"><span style="font-size: 12pt; color: #000000;">Filing taxes on the student’s behalf</span></p>
</li>
</ul>
<p data-start="2466" data-end="2720"><span style="font-size: 12pt; color: #000000;">The word “durable” is key. It means the document remains valid even if the student becomes incapacitated. For example, if a student is in a car accident and cannot act for themselves, the parent could still manage their financial affairs without delay.</span></p>
<p data-start="2466" data-end="2720"><span style="text-decoration: underline; font-size: 12pt; color: #000000;"><strong>What Is a Healthcare Power of Attorney?</strong></span></p>
<p data-start="2773" data-end="2955"><span style="font-size: 12pt; color: #000000;">A <strong data-start="2775" data-end="2807">Healthcare Power of Attorney</strong> (sometimes called a medical power of attorney or healthcare proxy) gives someone the legal right to make medical decisions if the student cannot.</span></p>
<p data-start="2957" data-end="3160"><span style="font-size: 12pt; color: #000000;">This document often goes hand in hand with a <strong data-start="3002" data-end="3025">HIPAA authorization</strong>, which allows doctors to share medical information with the chosen agent. Without it, parents could be left in the dark in a crisis.</span></p>
<p data-start="3162" data-end="3242"><span style="font-size: 12pt; color: #000000;">With a Healthcare POA in place, parents (or whomever the student chooses) can:</span></p>

<ul data-start="3244" data-end="3482">
 	<li data-start="3244" data-end="3283">
<p data-start="3246" data-end="3283"><span style="font-size: 12pt; color: #000000;">Access medical updates from doctors</span></p>
</li>
 	<li data-start="3284" data-end="3367">
<p data-start="3286" data-end="3367"><span style="font-size: 12pt; color: #000000;">Make treatment decisions if the student is unconscious or unable to communicate</span></p>
</li>
 	<li data-start="3368" data-end="3420">
<p data-start="3370" data-end="3420"><span style="font-size: 12pt; color: #000000;">Advocate for the student’s wishes regarding care</span></p>
</li>
 	<li data-start="3421" data-end="3482">
<p data-start="3423" data-end="3482"><span style="font-size: 12pt; color: #000000;">Work with healthcare providers to ensure timely treatment</span></p>
</li>
</ul>
&nbsp;

<span style="text-decoration: underline; font-size: 12pt; color: #000000;"><strong>Why These Documents Are Essential for College Students</strong></span>

<span style="font-size: 12pt; color: #000000;">Some parents assume these tools are only for older adults or people with significant assets. But here are several reasons why they’re just as important for young adults:</span>
<ul>
 	<li><span style="font-size: 12pt; color: #000000;">Medical Emergencies Happen - Car accidents, sports injuries, sudden illnesses, and mental health crises can all strike without warning. If a student can’t speak for themselves, the family needs a legal way to step in immediately.</span></li>
 	<li><span style="font-size: 12pt; color: #000000;">Independence Doesn’t Eliminate Responsibility - College students are learning to manage money, but they may still need help. With a Durable POA, parents can step in to pay bills, handle lease agreements, or resolve banking issues, even from miles away.</span></li>
 	<li><span style="font-size: 12pt; color: #000000;">Avoiding Court Involvement - If no powers of attorney are in place, the only option during a crisis may be going to court to seek guardianship. This process can take weeks or months, cost thousands of dollars, and add emotional stress at an already difficult time.</span></li>
 	<li><span style="font-size: 12pt; color: #000000;">Protecting Privacy - Students may want parents involved in emergencies but may not want to give them blanket access to every record. These documents can be customized to strike the right balance.</span></li>
</ul>
<p data-start="4528" data-end="4704"><span style="text-decoration: underline; font-size: 12pt; color: #000000;"><strong>Addressing Common Concerns</strong></span></p>
<p data-start="4744" data-end="5019"><span style="font-size: 12pt; color: #000000;"><strong data-start="4744" data-end="4791">“Won’t this give parents too much control?”</strong></span><br data-start="4791" data-end="4794" /><span style="font-size: 12pt; color: #000000;">Not necessarily. Students choose who their agents are. Some name both parents, others choose one parent and a sibling, or even a trusted friend. The documents can also limit powers so that parents only step in if necessary.</span></p>
<p data-start="5021" data-end="5257"><span style="font-size: 12pt; color: #000000;"><strong data-start="5021" data-end="5071">“What if my student is studying out of state?”</strong></span><br data-start="5071" data-end="5074" /><span style="font-size: 12pt; color: #000000;">Powers of attorney are generally recognized across state lines, but it’s best to work with an attorney familiar with both the home state and the school’s state to ensure compliance.</span></p>
<p data-start="5259" data-end="5462"><span style="font-size: 12pt; color: #000000;"><strong data-start="5259" data-end="5302">“Isn’t this just for wealthy families?”</strong></span><br data-start="5302" data-end="5305" /><span style="font-size: 12pt; color: #000000;">No. Even students with modest resources need help in emergencies. A POA can be as simple or detailed as needed—it’s not about wealth, it’s about readiness.</span></p>
<p data-start="5259" data-end="5462"><span style="text-decoration: underline; font-size: 12pt; color: #000000;"><strong>How to Get Started</strong></span></p>
<p data-start="5494" data-end="5580"><span style="font-size: 12pt; color: #000000;">Setting up these documents doesn’t have to be complicated. Here are the basic steps:</span></p>

<ul>
 	<li data-start="5494" data-end="5580"><span style="font-size: 12pt; color: #000000;"><strong data-start="5585" data-end="5608">Consult an attorney</strong> – While forms can be found online, state laws vary. An attorney ensures the documents are valid and customized to your student’s needs.</span></li>
 	<li data-start="5494" data-end="5580"><span style="font-size: 12pt; color: #000000;"><strong data-start="5750" data-end="5775">Discuss wishes openly</strong> – Students should talk with parents about who they trust and what decisions they want made on their behalf</span></li>
 	<li data-start="5494" data-end="5580"><span style="font-size: 12pt; color: #000000;"><strong data-start="5889" data-end="5910">Sign and notarize</strong> – Many states require notarization or witnesses for POAs to be effective.</span></li>
 	<li data-start="5494" data-end="5580"><span style="font-size: 12pt; color: #000000;"><strong data-start="5990" data-end="6011">Distribute copies</strong> – Keep copies in a safe but accessible place. Provide one to the named agent and, for healthcare documents, to the student’s doctor or school health center if possible.</span></li>
</ul>
<span style="text-decoration: underline; font-size: 12pt; color: #000000;"><strong>Real-World Example</strong></span>
<p data-start="6214" data-end="6546"><span style="font-size: 12pt; color: #000000;">Imagine this: A 19-year-old sophomore is in a serious car accident and rushed to the hospital. She is unconscious and needs immediate surgery. Without a Healthcare Power of Attorney, doctors may hesitate to share details with her parents or ask them to authorize procedures. Hours could be lost while legal hurdles are sorted out.</span></p>
<p data-start="6548" data-end="6688"><span style="font-size: 12pt; color: #000000;">With a POA and HIPAA release in place, the parents could step in instantly, get information, and make life-saving decisions without delay.</span></p>
<span style="text-decoration: underline; color: #000000;"><strong><span style="font-size: 12pt;">We Can Help</span></strong></span>

<span style="color: #000000;"><span style="font-size: 12pt;">Sending a child to college is both exciting and nerve-wracking. While no one wants to imagine worst-case scenarios, part of being prepared is having the right legal documents in place. </span><span style="font-size: 12pt;">A Durable Power of Attorney and a Healthcare Power of Attorney are simple, affordable tools that can prevent headaches, delays, and costly court battles. More importantly, they ensure that if the unthinkable happens, parents or trusted loved ones can act quickly and confidently on behalf of their student. </span><span style="font-size: 12pt;">Before move-in day or the start of the semester, take time to meet with an attorney and put these safeguards in place. It’s one of the best gifts of protection and peace of mind you can give your college student. If you need assistance in this regard, p</span><span style="font-size: 12pt;">lease reach out to us at (248) 349-6203 or email us using the form below.</span></span>

<span style="font-size: 12pt; color: #000000;">Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Corene  Ford</name>
				            </author>
            <title type="html"><![CDATA[Governor signed HB 4524 Amending Marketable Record Title Act to Protect Condominiums and Most Subdivision Restrictions]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2025/09/michigan-house-and-senate-pass-revisions-to-marketable-record-title-act-to-protect-condominium-and-most-subdivision-restrictions/" />
            <id>https://www.tilchinhall.com/?p=48350</id>
            <updated>2025-12-04T16:41:35Z</updated>
            <published>2025-09-29T20:40:01Z</published>
					<taxo:topics><![CDATA[CC&amp;R, condo, condo association, Condominium, Declaration of Restrictions, Deed Restrictions, hoa, homeowners association, Michigan, Real Estate Law, Title to property]]></taxo:topics>
            <summary type="html"><![CDATA[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. In 2018, the Michigan Legislature amended the Marketable Record Title Act (“MRTA”), MCL 565.101, et seq. Under the MRTA,…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2025/09/michigan-house-and-senate-pass-revisions-to-marketable-record-title-act-to-protect-condominium-and-most-subdivision-restrictions/"><![CDATA[On September 29, 2025, the Governor signed <a href="https://www.legislature.mi.gov/documents/2025-2026/publicact/pdf/2025-PA-0013.pdf" data-wpel-link="external" target="_blank" rel="noopener noreferrer">HB 4524</a> 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.

In 2018, the Michigan Legislature amended the Marketable Record Title Act (“MRTA”), MCL 565.101, et seq. Under the MRTA, a person has Under the Act, a person has marketable title to an interest in land if they have an unbroken chain of title to the interest for 40 years (20 years for mineral interests). According to the language of the MRTA itself, the legislative purpose of the MRTA is to simplify and facilitate land title transactions by allowing persons dealing with the record title owner to rely on the record title covering a period of not more than 20 years for mineral interests and 40 years for other interests unless within the 20-year period for mineral interests or the 40-year period for other interests a “notice of claim” a has been recorded in the chain of title. MCL 565.106.

Prior to the 2018 amendment, many deeds to property located within condominiums or subdivisions would simply state something to the effect that the property was “subject to easements and restrictions of record” and that was considered sufficient to keep the restrictions alive. But, that was no longer the case under the 2018 amendment. Under the 2018 amendment property owners, condominium associations, and HOAs were in danger of having those restrictions expire if affirmative steps were not taken. Originally under the amendment to the MRTA, affirmative steps were to have been taken as of March 28, 2021. However, that deadline was extended twice to September 29, 2025.

<a href="https://www.legislature.mi.gov/documents/2025-2026/publicact/pdf/2025-PA-0013.pdf" data-wpel-link="external" target="_blank" rel="noopener noreferrer">HB 4524</a> has immediate effect, which means the September 29, 2025 deadline will no longer an issue for condominiums and the vast majority of subdivisions. However, if your property is located in a subdivision or neighborhood subject to restrictions that were recorded prior to January 1, 1950, you will need to record a document providing notice of the restrictions continuing or the restrictions will expire. You have until September 28, 2027 to do so.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Adam  Randall</name>
				            </author>
            <title type="html"><![CDATA[Condominium Modifications for Accessibility]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2025/09/condominium-modifications-for-accessibility/" />
            <id>https://www.tilchinhall.com/?p=48354</id>
            <updated>2025-12-04T16:42:15Z</updated>
            <published>2025-09-29T16:19:47Z</published>
					<taxo:topics><![CDATA[Community Associations, condo, condo association, Condominium, Deed Restrictions, Michigan, Real Estate Law]]></taxo:topics>
            <summary type="html"><![CDATA[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 Condominium Act, MCL 559.147a. Who Qualifies? The section applies to persons with disabilities, but they do not need to be…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2025/09/condominium-modifications-for-accessibility/"><![CDATA[Because condominiums are not public accommodations, they are not subject to the <a href="https://www.ada.gov/law-and-regs/ada/#subchapter-iii---public-accommodations-and-services-by-private-entities-title-iii" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Americans with Disabilities Act</a>.  They are subject to the <a href="https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview#_What_Types_of" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Fair Housing Act</a>.  However, in the context of making modifications for accessibility, Michigan has its own scheme under the Condominium Act, <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>.

<u>Who Qualifies?</u>

The section applies to persons with disabilities, but they do not need to be on title, nor even permanent residents. The Act specifies, “persons with disabilities who reside in <u>or regularly visit the unit</u>.” <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(1).

<u>What Qualifies?</u>

The Act lists, “to facilitate access to movement within the unit.” The most common modifications are ramps (access to) and chair lifts (movement within). However, the act also lists, “or to alleviate conditions that could be hazardous to persons with disabilities.” We have reviewed and approved plans for custom electrical and plumbing work falling under this provision. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(1)

<u>Modifying the General Common Elements</u>

The Act can entitle Co-owners to modify General Common Elements, including outdoor areas. It states, “including improvements or modifications to common elements and to the route from the public way to the door of the co-owner's condominium unit.” We have seen instances where Co-owners had to install extraordinarily long ramps to achieve an appropriate gradient for wheelchair access for elevated Unit doors. This necessarily requires extending the ramp across the General Common Elements. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(1).

<u>General Restrictions</u>

The modification cannot impair structural integrity or lessen support. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(1).

The modification must comply with state and local codes and ordinances. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(1).

The modification must conform as closely as possible with the restrictions of the Condominium Documents, including aesthetics. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(1).

The modification cannot unreasonably prevent passage by other residents. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(2).

The Co-owner must insure the modification. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(3).

<u>Who Pays?</u>

The Co-owner makes any improvements or modifications at their own expense and is also liable for the costs of repairing any damage to a Common Element caused by building or maintaining the modification. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(1).

The Co-owner pays for removal. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(2).

The Co-owner pays for insurance on the modification. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(3).

The Association pays for maintenance, repair, and replacement <u>only if</u> the modification replaces or covers Common Elements for which the Association is responsible, and the modification does not increase costs. The Co-owner is responsible for any increased costs. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(3).

<u>The Application Process</u>

The Co-owner must submit plans and specifications to the Association in advance of doing any work. The Association has 60 days to approve or deny the modification. If the Association fails to act within 60 days, then the Co-owner may proceed without approval. If the Association denies the modification, then it must send the Co-owner a list of changes that would make it acceptable. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(4).

<u>Removal</u>

The Co-owner must give the Association written notice 30 days before selling or leasing the Unit. When the 30 days passes, the Association may require the Co-owner to remove the modification at the Co-owner’s expense. If the Co-owner fails to give notice, then the Association may require the Co-owner to remove the modification, or the Association may remove it at the Co-owner’s expense, at any time. There are two exceptions to the removal requirement. First, if the Co-owner plans to resume using the modification within 12 months. This covers seasonal travel or short nursing home stays. Second, if the Co-owner sells or leases the Unit to someone who would also qualify for the modification. <a href="http://legislature.mi.gov/doc.aspx?mcl-559-147a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 559.147a</a>(2).

<u>Current Needs only</u>

The Condominium Act covers the current needs of persons with disabilities. When defining “person with disabilities,” the Condominium Act defers to the state construction code act. (Subsection 7). The Stille-Derossett-Hale Single State Construction Code Act additional definitions, <a href="https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-125-1502a" data-wpel-link="external" target="_blank" rel="noopener noreferrer">MCL 125.1502a</a>, defines person with disabilities as “an individual whose physical characteristics limit that individual's ability to be self-reliant in the individual's movement throughout and use of the building environment.” If the person does not have physical characteristics that limit their ability to be self-reliant in his movement through the environment, then he does not currently meet the definition of a person with disabilities under the construction code. Therefore, they also would not meet the definition of a person with disabilities under the Condominium Act. In that case, the Condominium Act does not automatically entitle the Co-owner to modifications. This means there is no guaranteed right to use its provisions for general accessible design or futureproofing.

<u>We Can Help</u>

Do you have questions about condominium modifications for accessibility? We have years of experience with these matters and other issues facing condominiums and homeowners associations. Please reach out to us at (248) 349-6203 or email us using the form below.

&nbsp;

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Corene  Ford</name>
				            </author>
            <title type="html"><![CDATA[Alternative Dispute Resolution in Michigan: What You Need to Know]]></title>
            <link rel="alternate" type="text/html" href="https://www.tilchinhall.com/blog/2025/07/alternative-dispute-resolution-in-michigan-what-you-need-to-know/" />
            <id>https://www.tilchinhall.com/?p=48343</id>
            <updated>2025-07-28T14:00:05Z</updated>
            <published>2025-07-28T14:00:05Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[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 case is probably not going to trial. According to the State…]]></summary>
			                <content type="html" xml:base="https://www.tilchinhall.com/blog/2025/07/alternative-dispute-resolution-in-michigan-what-you-need-to-know/"><![CDATA[<strong>Alternative Dispute Resolution in Michigan: What You Need to Know</strong>

“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 case is probably not going to trial. According to the State of Michigan’s 2023 Court Caseload Report, <a href="#_ftn1" name="_ftnref1">[1]</a> of the 42,348 civil cases resolved in Michigan Circuit Courts<a href="#_ftn2" name="_ftnref2">[2]</a> that year, only 364 (less than 1%) went to trial. The vast majority of civil disputes are resolved through settlement or alternative dispute resolution (ADR) processes.

Why are people still skeptical of ADR? Often, it comes down to misunderstanding. Many people confuse mediation and facilitation with arbitration, and few have even heard of case evaluation, a unique Michigan-based procedure. These three forms of ADR differ significantly in cost, control, and process. Let’s break each one down.

<strong>Arbitration: A Private Trial Without an Appeal</strong>

Arbitration is a more formal ADR method where both parties agree to let a third party, called an arbitrator, decide the outcome of the dispute. In this sense, arbitration functions like a private judge and jury.
<ul>
 	<li><strong>How it works:</strong> Each party presents their case to the arbitrator, either in a hearing or through written submissions.</li>
 	<li><strong>Rules:</strong> Arbitration tends to be faster than court litigation and follows looser rules, e.g., the rules of evidence often don’t apply.</li>
 	<li><strong>Costs:</strong> Parties must pay the arbitrator, and fees can quickly add up.</li>
 	<li><strong>Finality:</strong> Arbitration decisions are binding. Courts almost never overturn arbitration awards unless there’s proof of fraud, corruption, or serious misconduct.</li>
</ul>
While arbitration can be efficient, it’s also rigid. You give up the right to a trial and, in most cases, the right to appeal.

<strong>Case Evaluation: Michigan’s Unique ADR Option</strong>

Case evaluation is a Michigan-specific process that was once mandatory in many civil lawsuits but is now voluntary as of 2022.
<ul>
 	<li><strong>The Process:</strong> Both parties submit written briefs to a panel of three neutral attorneys or retired judges. They then make oral arguments before the panel, which assigns a dollar value to the case.</li>
 	<li><strong>Acceptance or Rejection:</strong> If both sides accept the evaluation, the case settles. If both reject it, the case proceeds. Previously, if only one party rejected a unanimous award, they could face sanctions, but those penalties have since been eliminated, removing much of the pressure to settle.</li>
 	<li><strong>Impact:</strong> With its now-voluntary nature and lack of enforceable penalties, case evaluation is often used strategically but lacks the binding power it once had.</li>
</ul>
<strong>Mediation: Control, Cost Savings, and Collaboration</strong>

Mediation is a flexible, cooperative process. Unlike arbitration, the mediator doesn’t decide the case. Instead, they help both parties communicate effectively and work toward a mutually agreeable resolution.
<ul>
 	<li><strong>When it happens:</strong> Mediation can occur before, during, or even after litigation. Some cases go to mediation while on appeal.</li>
 	<li><strong>Control:</strong> The parties, not a judge or jury, decide the outcome. The mediator simply guides the discussion.</li>
 	<li><strong>Voluntary:</strong> There’s no obligation to settle. If mediation fails, you can move forward with a lawsuit.</li>
 	<li><strong>Cost-effective:</strong> Resolving a dispute through mediation—especially before filing a lawsuit, can save thousands of dollars in legal fees.</li>
 	<li><strong>Preserves Relationships:</strong> Mediation encourages respectful dialogue. This is especially valuable when the parties have ongoing relationships, such as family members, neighbors, or business partners.</li>
 	<li><strong>Confidentiality:</strong> Mediation is private. Unlike court filings, nothing said in mediation becomes part of the public record unless both parties agree otherwise.</li>
</ul>
<strong>Why I Believe in Mediation</strong>

There are many reasons I advocate for mediation, but here are my top five:
<ol>
 	<li><strong>It’s Voluntary</strong>
No one is forced to settle. If an agreement can’t be reached, the case can proceed in court.</li>
 	<li><strong>Parties Stay in Control</strong>
Mediated agreements often leave both sides “a little unhappy,” but satisfied. In contrast, a court or arbitrator may leave one or both parties feeling blindsided.</li>
 	<li><strong>It’s Cheaper</strong>
Trials are expensive. Mediation, particularly early on, can save tens of thousands of dollars in legal and expert fees.</li>
 	<li><strong>Relationships Can Be Preserved</strong>
Mediation focuses on solutions rather than blame. That can help maintain important personal or professional relationships after the dispute is resolved.</li>
 	<li><strong>It’s Private</strong>
Mediation keeps sensitive issues out of the public eye. In contrast, court records are usually public and searchable online.</li>
</ol>
<strong>Conclusion</strong>

Alternative dispute resolution isn’t about taking your rights away, it’s about empowering you with more tools to resolve your dispute. While arbitration, case evaluation, and mediation each serve different purposes, understanding these options can help you make more informed decisions and avoid the emotional and financial toll of trial.

If you're facing a dispute, don’t automatically dismiss ADR. With the right process and the right mindset, it might just be your best path forward. Please give me a call at (248) 349-6203 or fill out the form below to see if mediation is right for you.

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog, you understand that there is no attorney client relationship between you and lawyer, law firm, and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

<a href="#_ftnref1" name="_ftn1">[1]</a> <a href="https://www.courts.michigan.gov/4950ba/siteassets/reports/statistics/caseload/2023/statewide.pdf" data-wpel-link="external" target="_blank" rel="noopener noreferrer">https://www.courts.michigan.gov/4950ba/siteassets/reports/statistics/caseload/2023/statewide.pdf</a>

<a href="#_ftnref2" name="_ftn2">[2]</a> “The circuit court is the trial court with the broadest powers in Michigan. In general, the circuit court handles all civil cases with claims of more than $25,000 and all felony criminal cases (cases where the accused, if found guilty, could be sent to prison). The family division of circuit court handles all cases regarding divorce, paternity, adoptions, personal protection actions, emancipation of minors, treatment and testing of infectious disease, safe delivery of newborns, name changes, juvenile offenses and delinquency, juvenile guardianship, and child abuse and neglect. In addition, the circuit court hears cases appealed from the other trial courts or from administrative agencies.  The friend of the court office is part of the family division of the circuit court and handles domestic relations cases where minor children are involved.” <a href="https://www.courts.michigan.gov/courts/trial-courts/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">https://www.courts.michigan.gov/courts/trial-courts/</a>]]></content>
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