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Attorney General to Michigan associations: Condo act not enforceable.

  
  
  
  
  

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.

Comments

I completely sympathize with your frustration. Here in FL we have nearly the same situation. We have just boycotted our annual meeting, the only people who showed up were the board members. They said they had no meeting, yet the somehow 'dug up' 8 proxy votes. We told them there can be no voting for board members by proxy according to what we were told by the state of Florida, but rather they need to use a voting certificate which shows each person's signature. "not true" they keep telling us about everything. Our hands are tied, the state only makes suggestions and cannot step in, so WHY DO WE HAVE THESE RULES AND LAWS?!  
 
And guess what my friend, if you have any town ordinances (such as noise, no grills on the porch, no laundry hanging off the balcony etc) the cops cannot enforce it. Thats right! They consider condo buildings private property and cannot even come on to the property unless they're invited. So why have town ordinances that people are to uphold, if even the police cannot enforce them? 
 
Too bad the real estate market is in the toilet or I'd get out of here too
Posted @ Wednesday, January 12, 2011 8:24 AM by artDicicco
My husband & I live 6 mo. in Florida in a gated community made up of single family homes and carriage homes (condos). The problem being that the community assn. is governed by a HOA and not the condo assn. I was told by the former president that the community assn. does not have to follow the rules pertaining to budgets and their passage that the condos do. This is upsetting because now we have a number of board members who are doing what ever they want except for one member but she is only one vote against four others. The board is not presenting the budget to the rest of the community and are voting and adopting the budget without the community members permission. The answer I received is that they don't have to follow condo laws in Florida. They have their meetings for passage when the majority of the community aren't even present. (Late Nov.) What can we do? Is this Legal??
Posted @ Wednesday, January 12, 2011 8:52 AM by JoAnne Rudow
It's the same in Virginia. I was told to get an attorney or move. I am on the board and the other 4 members (who all had been on for over 15-20 years) and the property manager did not want to follow the Condo Act (or bylaws) and spent our money any way they liked. I think all condo owners across the country should be fighting for more reinforcement of the Condo Act. Otherwise, why do we have it? Condo Associations should be run like a business and when one is run badly they abuse money and power. Moving or getting an attorney is expensive and does not solve the problem. Even, as in my case, getting on the board does not help if you are the only one trying to make changes. Condo owners need better legal avenues and backup. Many people at my complex say we are living under a Dictator's rule, not Association rules. Unless the Condo Act is enforceable then everyone living in a condo is open to having anything happen.
Posted @ Wednesday, January 12, 2011 10:04 AM by AllieKel
So, does this mean that in Michigan, if co-owners refuse to pay for ridiculous assessments that the board decided to retro back 6-10 years for common area utilities, that the association would not be supported by the Michigan condo act to make them pay?
Posted @ Wednesday, January 12, 2011 11:59 AM by tja
You have to pay your assesments or the board can lien your condo. and if not paid take possession of your condo thru the courts. You have to follow the Master Deed and by-laws or you can be fined. Forced to pay again thru the courts that cost the board nothing to bring suit. At least not personally.
Posted @ Wednesday, January 12, 2011 2:42 PM by l
I live in Michigan. If you are interested in forming a group to do something about the Mi. condo act you can contact me. Or even other states to make this a federal change. leahannkulin@yahoo.com
Posted @ Thursday, January 13, 2011 8:12 AM by Leah Kulin
Can anyone in Michigan tell me if it is legal for the condo assoication to take it upon themselves to charge co-owners for commom area expensives 6-10 years after the fact. These expenses were already paid at the time by the developer. Now the new controlling association is wanting to go back the past 6-10 years and bill the co-owers for those expenses.
Posted @ Sunday, January 16, 2011 1:47 PM by tja
In Michigan the only way to take care of problems with a board is with a attorney. You need to contact an atorney. If you are older than 60 you can call Elder Law for free advice. Or you can call Legal Aide for advice. They will let you know if what the board is doing is legal.
Posted @ Sunday, January 16, 2011 6:12 PM by l
Same thing here in Washington state. If anyone wants to contact me I would like to work on a national level. No way to get information and always the same reply, get an attorney, move, or get on the board. The same things happens in most or all states. Some communities, I hear, are run well. But, the majority aren't. 
 
 
 
E. Rich
Posted @ Sunday, January 23, 2011 5:51 PM by E Rich
The AG is not for there to fix your condo by-laws BUT if the management or board are misusing association funds like...stealing them. Complain to the authorities. Stealing is stealing and you can use the law.
Posted @ Friday, January 28, 2011 6:54 PM by c
Quess what. When I finish going over everything with a fine tooth comb, and find out what is going on I will go to the authorities. I am just keeping notes right now. I have about 12 things that they have violated already. I am going to see what they will let me of the books. They are hiding something I am sure. Other wise they would not give me such a hard time see the books. There is no reason to bully people unless you have something to hide. There day will come.
Posted @ Saturday, January 29, 2011 9:08 AM by l
Make sure you request the records in writing. Most bylaws require association records to be made available to members. Read your bylaws. Know your rights.
Posted @ Thursday, March 17, 2011 2:47 PM by Julia
We have by-laws that states that any one time expenditure of $1,000.00 requires the approval of the majority of the townhouse owners. Our Board paid out over $19,000.00 for the conversion of grass to rock, in our area. The board removed that amount from our reserve fund and did not get any homeowners imput or majority approval. Any comments?
Posted @ Monday, March 28, 2011 5:17 PM by Dom Tomasso
i have 57 units in a 298 unit condo assoiatoin in michigan at the last general membership metting i voted my self on the board was this legal?
Posted @ Thursday, June 16, 2011 2:54 PM by haary v bourke
i live in what has to be be the most corrupt condo complex in the united states. the board members (except for two) are self absorbed, excute personal attacks on co owners and, are flat out stealing. the manager is a co-conspirator in the kick back schemes that go on continually. furthermore, projects are being executed without a board vote. there is absolute proof of the theft. i have my own nightmare going on in the sense that there is a co owner in my building who, for several years has destroyed my garden, furnace, cut electric wires to my house, threatens my life, makes loud noise ( BANGING, POUNDING, SLAMMING, SHOUTING, SLAMMING POTS AND PANS 24 HOURS A DAY, RUNNING A VACUME CONSTANTLY, EVEN WHEN NOT ON THE PROPERTY).i hace been to court and there is a restraining order issured on this person. this person was jailed at the county jail and when he was released his behavior escallared. the police have isssued a disorderly person ticket to this person. the court as well as the police have indicated that the board and management need to be involved. this is simply not happening. i have been told and recieved nasty letters stating that this is an "inter personal matter". clearly it is not. i have had to leave my condo for 25 days in 2010 and now for 100 days in 2011 and stay in hotels as the neighbor is dangerous. also the police advised me that i was not safe in my condo. management and the board are aware of the facts yet they refuse to take any action, let alone enforce the bi laws on this person. i am hoping that someone can tell me what it will take to have this person be evicted from the condo complex. he is a co owner but i am hoping that the crimminal behavior is a basis to have him removed. the person also has totally damaged 2 of my vehicles. also, what action should i be taking against the management company and the board? thank you.
Posted @ Thursday, August 18, 2011 2:51 PM by lilly porter
Live in a Michigan Condo Complex, Road has Potholes, it's crumbling, City knows about it, been to board meetings, but nothing City can do, Developer has not paid property taxes since 2009 that i know of, They are trying to rent out the former model, that started without even Co Owners approval. Any advice is appreciated.
Posted @ Thursday, March 01, 2012 10:19 AM by Patrick
Our president has voted himself a contract, management office will not let me view financials and contracts (even though bylaws state co-owners can; bylaws are not being enforced which makes property look a mess. What can I do?
Posted @ Thursday, March 01, 2012 1:05 PM by Dorothy wallingford
I am disgusted with my condo association/board. Our by-laws are not followed. Voting/ election process is a sham. How do we fight back?
Posted @ Saturday, April 21, 2012 6:24 AM by Carmen Johnson
I have been meeting with a state rep. Anyone else interested can send me an email @ leahannkulin@yahoo.com 
 
What works best is unity.
Posted @ Tuesday, April 24, 2012 11:48 AM by Leah Kulin
Are there any Michigan condominium owners interested in meeting to discuss options to make our legislators more aware of the problems we encounter with respect to Condo Association Boards, and management companies.  
 
 
 
Has our state government taken a look at the risk of corruption and lack of accountability in all condominiums. This should worry anyone who believes condominium boards are transparent and free of corruption. Of course, no condominium is without flaws. Unfortunately, nearly every state’s regulation of condominiums should give residents cause for concern. 
 
 
 
There is no accountability in most state government for condominiums, which includes disclosure, financing , internal auditing, open meetings, and ethics enforcement. A review of the boards by residents, and watchdog groups, is essential to encourage board integrity. One of the most widespread issues throughout these condominiums is the lack of public access to information, which, is key to preventing other kinds of corruption and conflicts of interest from occurring. When you think about it, that is really the root of transparency. If residents can’t see how their board does business and decision-making, that’s a real problem Condo boards risk corruption without powerful watchdog agencies. In many states, the existing laws intended to ensure ethical action by condo boards lack real power. What we need in terms of corruption risk, is a statewide ethics commission. I suggest the reason many states need watchdog organizations is that the elected boards consistently vote in favor of restricting resident information, and preserving their power. 
 
 
 
Not surprisingly, the way to make boards have high accountability is by watchdog groups. This would lead to strict enforcement measures that would keep boards honest, and make information readily available. We as individuals should not be forced to hire an attorney everytime we need help with a board’s actions. 
 
 
 
Leah Kulin Contact Email: leahannkulin@yahoo.com 
 
 
 
Posted @ Tuesday, May 15, 2012 12:03 PM by Leah Kulin
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