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I am part of a small condo association of 14 units in the Upper Peninsula of Michigan. We have only two buildings. The condos were built a little over 20 years ago. Since they were built, the condo association has not followed the master deed percentages when assessing dues, someone along the way came up with a different set of percentages that were never legally agreed upon by the owners and the master deed and bylaws were never legally amended to reflect the new percentages. I am a new owner that has discovered the fact that I am being overcharged according to the master deed, but other owners want to say that precedent rules. Because the condo association has done it differently for a number of years, does that negate the legal document (master deed and bylaws) given to me when I purchased my condo? Has any other condo association had problems determining whether a legal document that had not been followed for a number of years could/should be followed?
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I talked to the Attorney General today in Michigan. Guess what. There is no enforcement for our condo act in Michigan. AG does not have authority to enforce the rule. I was told to either sell, get an attorney, or get on the board. What that means to me is there are a lot of people on the boards in Michigan who can do what ever they want. They can abuse the condo association fees. They really do not need to account for the money spent. So I would like to get as many people together in Michigan as I can to see if we can change that. We need to have some way to enforce the condo act without people having to go to court.
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