Michigan Condo & HOA Law

Because many homeowner associations are small in number of residents, the association often lives from “hand to mouth.” I recently heard from one member who was upset because her very small homeowner association has no money in the budget to enforce the bylaws and number of the co-owners are violating the bylaws with no recourse from the association.

If you are on the board of directors, remind your board that they have a fiduciary responsibility to enforce the restrictions and to raise sufficient funds to do so by way of assessments and whatever other authority they have in the enabling documents. If you are not on the board, write the board a letter reminding them of their legal responsibilities and the fact that they can be held accountable for failure to enforce the deed restrictions and/or declaration no matter the size of your associaiton.

Posted by Robert Meisner at 3:27 PM | Permalink

Associations must understand that they do not have a choice in the matter of complying with the Michigan Condominium Act, the Fair Housing Act as well as the Michigan Civil Rights Act. I recently heard from a unit owner whose condominium association refuses to make any adjustments for her to build a ramp due to her disability. She has asked on several occasions and they have yet to comply.

The Michigan Condominium Act specifically requires the association to make modifications to the extent reasonable to accommodate disabled persons. If your association refuses to do so, they may be liable under the Fair Housing Act, Michigan Civil Rights Act, and/or the Michigan Condominium Act. This co-owner in question may wish to retain an attorney, and/or contact the Michigan Civil Rights Commission after giving the association an opportunity, one more time, to correct the situation. Associations should take heed to these matters to be sure that they are in compliance with State and Federal Laws.

Posted by Robert Meisner at 9:02 AM | Permalink

I just heard from a co-owner who wants to sue her association for not enforcing all of its restrictions and rules set forth in the community’s governing documents. Apparently while the board refuses to enforce some of the rules they are telling that they have that right to make that decision.

Generally speaking, this has become a major problem in that associations will not enforce the restrictions and rules which impact or otherwise affect the health and safety of other members. It would appear that in this case the board has an obligation to enforce the restrictions that impact its members. However, the board still has wide discretion as to what action it should take especially when members of the association have an independent right to seek enforcement of the subdivision’s restrictions and/or rules. There may be petty violations and/or temporary violations which do not justify the board taking action for various reasons.

Posted by Robert Meisner at 11:40 AM | Permalink