Condominium Law Attorney
Resolving Issues Associated with Condo Living in Southfield, Bingham Farms,
& Surrounding Areas
Condominium law in the United States is governed by laws at the federal
level and defined by individual state laws. In the state of Michigan,
condominiums form what is known as community associates and are governed
by the Michigan Corporation Act.
If you have agreed to live in a condominium living community in the United
States, you must agree to terms set forth in a Declaration of Condominium.
The terms are determined by a group of members known as a homeowner’s
The Declaration of Condominium may include rules of governance and other
- Maintenance and repair to the condominium and common areas
- Developer’s rights and liabilities
- The purchaser’s rights upon sale of the unit
- Process for maintaining and/or building or landscaping projects
- Restrictions, including pets, guests, and speed limits
- Management and collection of the association’s fees
Buying a condo in Michigan means getting yourself acquainted with a whole
body of laws that define your rights and responsibilities as a new condo
owner. The state’s condo developments are regulated by the Michigan
Condominium Act, which provides detailed regulations for almost all aspects
of condo living, including selling, financing, assessing, and terminating
a condo association and its units.
Some important provisions developers, condo association members, and potential
buyers should be aware of include:
- A condo owner cannot withhold assessment payments or common expenses if
dissatisfied with the condo association
- A condo unit can be foreclosed upon if the owner is in default or has not
paid association fees
- A condo owner must file a lawsuit to force the association or another owner
to comply with the act, the master deed, or the bylaws
- Condo associates with revenues that exceed $20,000 must be independently audited.
- A developed has a limited amount of time to complete a condo project.
What Rights Do Condo Owners Have?
As a condo owner your rights include:
- Voting at owners’ meetings
- Electing board members
- Reviewing corporation records (includes financial statements)
- Requesting a meeting of owners and which issues should be addressed
- Obtaining a court order to ensure the corporation carries out a duty required
under the Condominium Act
- Removing a director from the board (requires a majority of votes)
What Are Your Responsibilities as a Condo Owner?
As the owner of a condo unit you must abide by the following rules:
- Pay your monthly condo fees
- Maintain and repair your unit (in accordance with the condo association’s laws)
- Follow the rules set forth in the Condominium Act, master deed, and bylaws
- Resolve disputes through discussion, negotiation, mediation, arbitration,
or a court order
- Elect a board to govern the condo property
What Happens if You Break a Condo Association Rule?
If you do not adhere to the rules and regulations the condo association
put in place or fail to pay your fees, you could face certain consequences.
This depends on the severity of the offense and may include fines, prohibitions
on using the community facilities, and, in the most extreme cases, the
establishment of liens on your condo.
We assist our association clients with, among other things, assessment
collection, bylaw enforcement, litigation, contract negotiation, document
amendments, and construction disputes. While most of these issues can
be resolved without litigation, our attorney is a skilled litigator and
will use the court system when necessary.
Consult with a Lawyer at Our Firm Today!
We recommend you seek our firm’s legal counsel when interpreting,
entering, amending, or enforcing a Declaration of Condominium contract.
It can be complicated to understand all the rules and regulations present
in these contracts, which is why the counsel of an experienced lawyer
would be greatly beneficial.
Contact our firm onlineor call
(248) 773-3317 to speak with an experienced lawyer about your condominium law case. We
offer a free, initial phone consultation.