Can we Change our Annual Meeting Date?

By Mike Hunter mike_hunter

Attorney Michael Hunter specializes in community and condominium association law for the firm of Horack Talley

Question: Our covenants, conditions and restrictions say that the annual meeting is to be held the first Saturday in October. However our meetings have never been held on that day, due to the fact the board members have never been available that date – even with changing members through the years. Our management company advised that as long as the meeting is held reasonably around that date, and notice is sent properly according to the rules, then the actual date of the meeting doesn’t have to be on the first Saturday of October.

A few homeowners have balked at the Saturday meeting date: They’d rather not waste a Saturday with a HOA meeting. Is the board required to have the meeting on the first Saturday of October, as bylaws require?

Ask the ExpertsMarch 6, 2011ideaforgeComments are closed Permalink

6 Dos and Don’ts to Improve Security in Your Homeowner Association

Managing safety in a homeowner association is a thankless job. If you do it well, few residents even notice. If you make a mistake, you could be vilified and even sued for endangering others. Here are six dos and don’ts that will help you ensure the safety of your residents and keep yourself off their security radar screen.

Crime PreventionMarch 3, 2011ideaforgeComments are closed Permalink

Association Liable for Unit Owner’s Injury

A Michigan court recently held that a condo association was negligent in failing to repair the developer’s construction defects, which led to a unit owner’s injury. The owner noticed a problem with excessive draining on her roof and had complained several times to the developer and association. The draining frequently caused water to overflow from the gutters and collect on her porch.

A month after the developer relinquished control to the board, ice accumulated on the walkway and the unit owner fell sustaining serious injuries. The owner filed suit against the association based on theories of premises liability, nuisance, and negligence.

The Michigan court of appeals reasoned that, akin to landlord tenant law, the association had a duty to maintain the common areas in a reasonably safe condition. According to the association’s bylaws, the gutters and roofs are included as common areas and are under the exclusive control of the association. Because the association failed to remedy the construction defects that caused the ice to accumulate, the association could be held liable for the owner’s injuries. The court of appeals remanded the case for further proceedings.

This site and any information contained herein is for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.

Recent Cases in Community Association LawJanuary 13, 2011ideaforgeComments are closed Permalink