FHA/VA Certification

CMDA can obtain FHA and VA approval by working cooperatively with the Boards of Director, individual co-owners, lenders, insurance providers and property managers to meet the needs of each Community Association. FHA guidelines are frequently updated and CMDA attorneys help Associations stay up-to-date with the newest iterations and requirements. CMDA provides a checklist of required documentation to determine if your Community Association is eligible for FHA and VA certification and, […]

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Fair Housing Act (FHA) Compliance Issues

CMDA attorneys examine an Association’s documents to determine proper compliance with the Fair Housing Act (FHA) and or civil rights to avoid alleged claims of discrimination, including those based on familial status, race, gender, creed, national origin, and service or emotional support animal requests.

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Developer/Successor Developer Liability

One of the most important times in the life cycles of a condominium is immediately after the developer transitions control of the condominium to the co-owners. After the developer transitions control to the co-owners, many Associations require legal counsel to resolve issues relating to the following: Breach of fiduciary claims against the developer and/or its board appointees for violating their common law fiduciary duties and statutory duties Breach of express […]

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Corporate Governance/Operational Issues

CMDA attorneys assist Condominium and Homeowners’ Associations with implementing the appropriate corporate governance procedures. We are well versed in interpreting the Articles of Incorporation and Bylaws for Michigan Condominium Associations, Co-operatives and Homeowner Associations, as well as the Michigan Nonprofit Corporation Act. We counsel clients with respect to counting votes appropriately, drafting proxies, drafting designated voter representative forms, drafting meeting notices, issues concerning Robert’s Rules of Order, properly running meetings […]

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Construction Defects

Michigan Condominium and Homeowners’ Associations are responsible for the maintenance and repair of the general common elements in an Association. While many Boards budget for repairs and maintenance of the common elements over an extended period of time, many Associations are unprepared to deal with the discovery of construction defects.  Construction defects can be financially devastating to a Condominium or Homeowners’ Association and the failure of a Board of Directors […]

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Contract Preparation and Review

Michigan Condominium and Homeowners’ Associations may hire service vendors including contactors, accountants, consultants, attorneys, and property managers. CMDA attorneys prepare contracts for Associations to utilize when hiring potential service vendors. Additionally, we review and analyze potential contracts for inappropriate or illegal provisions. Our goal is to protect Associations on the ‘front-end’ before litigation to save time, money, and the headache of poorly drafted or one-sided contracts. When disputes inevitably arise, […]

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Bylaw Interpretation/Opinion Letters

CMDA attorneys assist an Association’s Board of Directors with the review and interpretation of their master deed, bylaws, state law, and federal law. CMDA attorneys frequently provide opinion letters to Associations relating to the following issues: Amending Association Documents Board Power and Authority Bylaw Enforcement Co-Owner Liability Developer Liability Fair Housing Act (FHA) Compliance Insurance Claims (liabilities from water leaks, common property repairs, and other causes of damage) Michigan Condominium […]

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Bylaw Infractions 

A hallmark of shared ownership living is that a co-owner gives up some individual rights for the good of the community as a whole. Consequently, whether an individual lives in a Condominium Association, Homeowners’ Association, or Co-Operative, in exchange for having the lawn mowed, the streets, driveways and sidewalks plowed, and the outside of the units painted, each co-owner has some restrictions on what can and cannot be done. Associations […]

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Amendments to the Governing Documents

CMDA prides itself on being on the cutting edge of amendments to governing documents.  Each of our Community Association attorneys is well-versed in the language of Association documents and we endeavor to provide updated, legal and easily readable language for our clients.  Our Firm is uniquely capable of handling all aspects of the amendment process: from an initial review of the documents and determining the need for amendments to the […]

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Assessment Collections

Condominium and Homeowners’ Associations are non-profit corporations, which are funded solely by dues/assessments that are paid by its members. When one member does not pay his or her fair share, the rest of the members are unfairly forced to shoulder the burden of the Association’s operational costs. It is unjust for the other joint property owners, who have not done anything wrong and have no involvement whatsoever in the defaulting […]

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