Michigan Rules and Regulations for a Condominium Association

State:
Multi-State
Control #:
US-1133BG
Format:
Word; 
Rich Text
Instant download

Description

Rules and regulations are important tools for protecting condominium, townhouse or homeowner's associations. If properly enacted and enforced, they will enhance property values and create a pleasant living environment in the association. If rules and regulations are not adopted and enforced properly, they can create bitter divisions within the association and cost the association money in legal fees. If there is a standard that governs adoption and enforcement of rules and regulations, it is that rules and regulations, and their enforcement, must be fair, reasonable, and equitable. Any deviation from this standard will create legal problems. It must be remembered that when enforcing rules the Association bears the burden of establishing their reasonableness. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

Republic Act No. 4726, otherwise known as The Condominium Act, governs the ownership, rights, and obligations of condominium owners.

Yes, homeowners association bylaws are generally legally binding and enforceable. Typical provisions found in homeowner association bylaws include: Frequency of board meetings. Meeting and quorum requirements.

What are the requirements of a condominium association? The Act requires the association of co-owners to keep current copies of the master deed, all amendments to the master deed, and other condominium documents available for review by co-owners, prospective purchasers, and prospective mortgagees.

Pay condominium dues and other assessments. Share in the insurance of common areas. Comply with the restrictions of the condominium project. Give right of first refusal to the condominium corporation or unit owners in case of sale (if it is required in the master deed)

Inconsistent, Arbitrary, or Capricious Enforcement. Even a validly enacted, substantively sound covenant can be nonetheless unenforceable if the HOA's enforcement is procedurally improper, or is conducted inconsistently or for an inappropriate purpose.

Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in the state of Michigan. The Elliott-Larsen Civil Rights Act, or Public Act 453 of 1976.

AN ACT relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from

The OMA and FOIA are effective means by which to keep Michigan citizens informed regarding governmental affairs by requiring public meetings to be open, and by making governmental records readily accessible. They will not generally apply to a private community association.

Condo rules are designed to promote the safety of owners and prevent unreasonable interference to the use and enjoyment of the units as well as common elements. The condo rules will dictate what individuals on the condo corporation property can and cannot do.

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Michigan Rules and Regulations for a Condominium Association