Michigan Condo & HOA Law

I recently heard from a co-owner who is upset because her association board is allowing the installation of a satellite dish that she claims blocks her view. She was wondering if I thought she had any recourse against the association.

In a recent case out of New Jersey on similar facts, the association was vindicated based on its authority to grant exceptions to the rules and regulations regarding satellite dishes because of the difficulty in obtaining reception. That is not to say that a similar court in another state on the identical facts might not reach a different decision. Association boards are best advised to clearly state their rational when granting exceptions to rules that involve satellite dishes or any other rule or regulation for that matter. This not only clarifies the decision, but it also gives future board members an understanding of why decisions were made in the event that similar situations should surface.

Posted by Robert Meisner at 1:23 PM | Permalink

I recently heard from an entire condo board who has had the same attorney for years and whose bylaws have not been amended in almost 30 years. This, to me, is a travesty! First, if your bylaws have not been amended within the past twelve months, much less thirty years, they should be amended immediately because of changes to the Michigan Non Profit Act this past February, which have a direct, profound effect upon condo bylaws such as the enhanced ability to communicate with members of the association and condo board members electronically. There have been numerous changes in the laws that directly affect condominium operation and your attorney should be aware of these changes. If your association finds itself in a position to amend its bylaws, you should contact an experienced condo association attorney immediately to deal with these issues.

Posted by Robert Meisner at 4:08 PM | Permalink