Michigan Condo & HOA Law

I recently heard of an incident where a section of fence area fell from a roof at a condominium injuring two persons who were on a public sidewalk in front of the condo unit. The injured persons are suing the Association and its Board of Directors for negligent failure to maintain the common elements including a roof top security fence. They are also claiming damages in excess of the amount of the insurance and are suing individual co-owners of the condominium. A co-owner recently asked me what liability I thought co-owners would have in such an instance.

The answer, of course, depends upon the state in which the association is located but in a case of first impression in New York, the Court held that the unit owners did not have statutory liability for safe maintenance of the building because the nature of the unit owners interest in the common elements is "materially dissimilar to the free hold interest" normally held by owners of multiple dwellings. The Court also indicated in that case that vicarious liability for unit owners was inappropriate because the common elements were solely under the control of the board of managers. It would appear, therefore, that the individuals may have some immunity from liability since it should be a corporate obligation, namely that of the Association.

Posted by Robert Meisner at 1:47 PM | Permalink

I recently heard from a condo association board which is considering a measure regarding towing vehicles. There are certain things that boards must consider before entertaining such a measure.

In most condominiums, an owner or lessor of private property must post a notice that meets the following requirements before authorizing the towing or removal of a vehicle from real property without the consent of the owner or other person who is legally entitled to possess a vehicle:

(a). The notice shall be prominently displayed at a point of entry for vehicular access to the real property. If the real property lacks curbs or access barriers, not less than one notice shall be posted for each 100 feel of road frontage.
(b). The notice must clearly indicate in letters not less than 2 inches high on a contrasting background that unauthorized vehicles will be towed at the owner’s expense.
(c). The notice must provide the name and telephone number of the towing service for towing or removing vehicles from that property.
(d). The notice must be permanently installed with the bottom of the notice located not less than 4 feet from the ground and is continuously maintained on the property for not less than 24 hours before a vehicle is towed or removed.

Even though an association meets the above conditions, caution should be taken by any association utilizing self help remedies in regard to removing a vehicle unless there is an emergency. The association should also consult with a knowledgeable community association attorney before taking such action.

Posted by Robert Meisner at 5:05 PM | Permalink