Michigan Condo Attorneys

Michigan Condominium Lawyers

It is essential for condo associations to have trusted and experienced condominium attorneys on their side. Condo associations frequently encounter challenging legal matters involving amending covenants, collections, enforcement of rules, contractual disputes, developer turnover issues and Fair Housing Act compliance. While each situation is unique with its own sets of challenges, all require skilled condominium lawyers.

Rather than managing these complex processes on your own, leave them to the experienced condominium lawyers at Hirzel Law, PLC. Our award-winning condominium lawyers attorneys handle all varieties of condo legal matters with our comprehensive understanding of Michigan’s condominium laws.

What You Need to Know about the Michigan Condominium Act

In Michigan, condominiums are governed by the Michigan Condominium Act, MCL 559.101, et seq. A condominium project is created when a developer records a master deed and condominium bylaws in the register of deeds. The condominium project must be governed by a condominium association, which in most cases is a nonprofit corporation that is responsible for administering the affairs of condominium according master deed and condominium bylaws.

The Michigan Condominium Act was originally adopted in 1978 and provides detailed regulations for most aspects of condominium living, including selling, voting, financing, assessing, and terminating a condominium association and its units.

Below is a summary of some important provisions within the Act that developers, buyers, and condo association members should all be aware of:

Collections

• A condominium co-owner cannot withhold assessment payments even if he is not satisfied with the condominium association.
• A condominium unit can be foreclosed upon if the owner fails to pay association fees.

Bylaw Enforcement

• A condominium association may file a lawsuit to force a co-owner to comply with the Michigan Condominium Act, the Master Deed, or the Bylaws.
• The board of directors of a condominium association has a duty to enforce the condominium bylaws as written unless a legal justification exists for not doing so. The condominium association board of directors must enforce the bylaws in a consistent and uniform manner.

Document Amendments

• The Michigan Condominium Act requires most amendments to the master deed and condominium bylaws to approved by 2/3 of the co-owners, however, certain exceptions do exist.
• In Michigan, a condominium association must regularly review and update its articles of incorporation, master deed, condominium bylaws and rules to ensure they comply with applicable laws, and adequately address owners’ needs and changes in technology.

Important Takeaways from the Michigan Nonprofit Corporation Act for Condos

In Michigan, two primary statutes govern the affairs of a condominium association in addition to the Articles of Incorporation, a Master deed, the Condominium Bylaws, and any applicable Rules and Regulation: the Michigan Condominium Act and the Michigan Nonprofit Corporation Act.  The last major revisions to the Michigan Nonprofit Corporation Act took place in 2015. Below are several major takeaways from the Michigan Nonprofit Corporation Act that could impact the governance of your condominium association.

• Annual Meetings are no longer required to be held in person.
• Voting can be held in person or through electronic participation.
• Co-owners can inspect the books and records for a proper purpose during regular business hours, based upon written demand to registered office that outlines with particularity requested documents.
• The books, records, contracts, and financial statements concerning the administration and operation of the condominium project shall be available for examination.

Does My Condo Association Need a Condominium Lawyer?

Without the guidance of an experienced condominium association attorney who has specialized in the rules governing condominium association law, navigating the legal requirements and risks of being part of a Michigan community association can be extremely challenging. Condominium association board of directors who rely on the advice of an attorney have a better chance of avoiding personal liability under the Michigan Nonprofit Corporation Act.

Here is a list of the legal services an experienced condominium attorney can offer in the area of condominium law:

• Condo Bylaw Enforcement: Condominium bylaws help Michigan condominium associations operate in an orderly manner, uphold community aesthetics, preserve property values, and protect co-owners’ health, safety, and welfare. Enforcing these regulations is a very important job but is often time-consuming and complicated.
• Condo Collections: Condominium associations heavily depend on collecting dues from co-owners to afford essential services and operations. Whenever an owner neglects to pay an assessment, the other owners are wrongfully forced to shoulder the condominium associations operating costs. At Hirzel Law, our condominium lawyers can help your condominium association collect unpaid dues in straightforward and efficient manner.
• Condo Document Amendments: In Michigan, a condominium association must regularly review and update its articles of incorporation, master deed, and bylaws to ensure they are compliant with changes in federal and state laws. These governing documents must also adequately address changes in technology to avoid litigation.
• Fair Housing Defense: Fair housing lawyers at Hirzel Law, PLC represent condominium associations, co-operatives, homeowners associations, landlords, property managers, university housing providers and summer resorts with respect to compliance with the Federal Fair Housing Act, Michigan Elliot Larsen Civil Rights Act, Michigan Persons with Disabilities Civil Rights Act and Michigan Condominium Act.
• Developer Turnover: Every condominium association in Michigan goes through a transition – also known as a “turnover” – phase. During this phase, the control of the condominium association shifts from the developer to the co-owners. The process for this phase in condominium associations is governed by the Michigan Condominium Act.

Consider a Premium Service Plan for Your Condo Association

Many of our condominium and homeowners association clients require our services throughout the year. With that in mind, our firm offers a Premium Service Plan for Detroit condominium associations and homeowners associations to provide additional resources for our clients to properly operate their community associations. Our Premium Service Plan includes the following benefits for an annual fee:

• Preparation of a condominium association Report Card to evaluate your governing documents
• Attendance at one board meeting a year, upon request of the board
• Review of any condominium association Board Meeting minutes
• Access to our Online library of standardized condo forms
• Access to our Online collection portal to view the status of your condo collections
• Attendance for all board members to ask general questions
• A complimentary copy of Hirzel’s Handbook
• Attendance for all board members at Hirzel Law webinars that are presented throughout the year
• Hirzel Law will serve as the Resident agent for the condo, upon request of the board

Reach Out to Hirzel Law’s Experienced Condominium Lawyers Today

At Hirzel Law, PLC, we understand the difficulties that condominium associations face when confronted with complicated legal matters. We highly recommended that your condominium association hire an experienced condominium lawyer to serve as general counsel to guide your association and resolve problems as they arise.

We can help condo association boards make sense of Michigan and federal law. Our ability to stay on the edge of community association law has earned our firm numerous awards from Best Lawyers, the Community Association Institute’s College of Community Association Lawyers, Leading Lawyers, Michigan Top Lawyers, and Super Lawyers. Our Michigan condominium lawyers are known for client education and highly responsive customer service.

Let the award-winning condominium lawyers at Hirzel Law resolve your complex issues. Contact Hirzel Law online or call 248-986-2921 (Farmington) or 231-486-5600 (Traverse City) or 616-319-9964 (Grand Rapids office).