When a homeowner gains election or appointment as a director or officer of a corporation, they become a fiduciary for the corporation, and undertake duties to the corporation, and ultimately to the members it represents. What is a Fiduciary? A fiduciary is a person...
Firm News
The Association’s Duty to Maintain, Repair, and Replace: Adequate Assessment and Planning
Whether your community is a condominium, subdivision, or you live in a cooperative, one of the most important functions of your association is to plan for an execute repairs and maintenance of common elements, areas, or assets. This requires money, which almost always...
The Dangers of Frivolity in Civil Cases: The Consequences of Filing a Frivolous Lawsuit or Asserting Frivolous Defenses
On more than once occasion, I have had clients say things akin to “well, can’t we just sue them and see what happens?” or “what if we just say that he/she did this, then they can’t win their case, right?” The answer to both of these questions is “no.” It’s my job as...
Common Types of Land Deeds in Michigan
Private land is bought, sold, or transferred using deeds. This Blog will address the four most common types of deeds in Michigan and what each of the different types guarantee. Warranty Deed A warranty deed provides the strongest protection to a buyer. The “warranty”...
Handling Document Requests from Members of Residential Associations
Residential association managers and directors should bear in mind that association members (co-owners or homeowners) will always have some rights to review Association records. These requests can sometimes seem burdensome, but, given the unique and complex...
Residential Community Working Relationships
In order for there to be effective administration of your community, the Association’s board, the manager and Association legal counsel should be working together, and in their proper roles. This blog will briefly and generally examine these roles and how they...
Considerations in Choosing a Property Manager: the Management Contract
A healthy working relationship between a residential association and its professional manager goes a long way toward making a successful residential community. Property managers typically have years and years of experience in community management and are able to...
Condominium Association/HOA Financing Options for Major Projects
Things fall apart. While in an ideal world, residential associations will have adequate reserves set aside to pay for repair and replacement of big-ticket items for which they have responsibility—things like pavement projects, roof replacement, siding replacement,...
Top 3 reasons to Mediate and NOT Litigate!
When a dispute arises there are a few different ways to handle it. In some difficult situations solving this dispute in court is the best solution but there are drawbacks. Litigation is expensive, time-consuming, stressful and unpredictable; it disrupts people’s lives...
Best Way to Get Past-Due Condominium Assessment Fees Paid!
Unfortunately, some condominium co-owners feel that they're above the bylaws and continue to leave their assessment fees unpaid. If you on a condominium association’s board of directors and want to clean-up any delinquencies, there are steps that you can take. 1)...