RESPONDING TO A MEMBER’S REQUEST TO REVIEW AND INSPECT YOUR ASSOCIATION’S BOOKS AND RECORDS

Quote

John L. Finkelmann, Esq.
Member requests to review and inspect an association’s records and books are a fairly typical occurrence and should not be a reason to panic, but such requests should be dealt with in a prompt and orderly fashion for reasons explained in this article. Some members are just generally interested in the ongoing management and administration of the association and want to keep a closer eye on the details. Unfortunately, in other cases, you may have a member with an axe to grind and whose intent may ultimately be to try and find some error or oversight to justify their allegations against the association. Regardless of the intent behind these review and inspection requests, it is of utmost importance that the association address them and respond accordingly. How an Association responds and reacts to these requests may ultimately save it a great deal of time and headaches later on. Therefore, it is a good idea for your association to develop a response protocol that addresses these requests both in terms of the language of the Michigan Condominium Act, Michigan’s Nonprofit Corporation Act, and the language of your governing documents. Continue reading

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Make Sure Your Enforcement Charges are Collectible

Quote

Lawsuit Money

Attorney Stephen Guerra

By Steve Guerra

In the course of running a Condominium Association, various charges may be provided by the Condominium Documents to be assessed against or posted to the accounts of co-owners who are either delinquent or in violation of other provisions of the Condominium Documents. These charges are variously referred to as interest, late, fees, fines and attorney’s fees. Many times we find that due to procedural errors, or because the lack of understanding of the uniqueness of each type of charge, the charges become subject to legal objection as being excessive, constitutionally invalid, unreasonable or in violation of statute. For these reasons, it is important that Associations understand the nature of each of these charges, the legal requirements for validity, and the proper procedures to follow in order for these charges to be enforceable.

There are two main enforcement categories facing all Associations from which these charges flow. The first is in the area of collection of delinquent assessments. The second is in the area of enforcement of behavioral-based restrictions contained in the Condominium Documents, including the Bylaws and Rules and Regulations. Common to both areas are attorney’s fees and, potentially, fines. Continue reading

Facebooktwittergoogle_plusredditpinterestlinkedinmail

SURVEILLANCE, SECURITY AND PRIVACY AN OVERVIEW OF PRACTICAL AND LEGAL CONSIDERATIONS FOR COMMUNITY ASSOCIATIONS

Quote

Evan M. Alexander, Esq. *

            Every person desires to have a safe and secure place to call home regardless of whether you live in an attached condominium, site condominium or subdivision. Choosing a home in a low crime area helps to ease worries of safety and security; however, crime occurs in all neighborhoods. High quality video security systems are readily available and may help to give owners an added sense of safety and security. Modern systems even enable an owner to monitor their property remotely in real-time from a smart phone.

Competing with this concept of security is a person’s reasonable expectation of privacy. Community associations that are dealing with issues related to surveillance and security systems must consider what rights and obligations they have under relevant laws, the association’s governing documents, the general safety and security of the community, individual owner’s safety, security and privacy interests, and the potential that owners may think the association is taking on the responsibility of maintaining community security if the association decides to install its own systems. Continue reading

Facebooktwittergoogle_plusredditpinterestlinkedinmail