PART I OF III
Your neighbor has decided to rent his unit out on weekends when he is out of town. You worriedly wonder: How will this affect you? Is it even allowed in your condominium? Will it have any effect on the value of your condominium unit? The dawn of the brave new “AirBNB” era (short for “air bed and breakfast”) is upon us, raising many new questions and concerns for condominium co-owners. This blog post (the first in a three-part series) will examine the basics of the AirBNB issue and the possible problems it presents for condominiums.
The popularity of websites such Airbnb, VRBO, FlipKey, and HouseAway has seen a recent boom due to the increased demand for short-term rental AirBNB’s. Such rentals usually last for a period of less than thirty days, and sometimes less than a week (e.g., a weekend getaway, or a business trip). Sometimes the property owners stay at the unit during the rental period, but many times they do not. These transactions often involve an agent (such as the aforementioned website companies) who acts as intermediary between the property owner and the renter. The agent company may also perform other services or functions related to the rentals, such as cleaning and minor maintenance of the rental property. Continue reading
We are most pleased to announce that experienced ZDF attorneys Tracy Danner-Bond and Richard L. Wagner, Jr., will speak at an upcoming United Condominium Owners of Michigan (UCOM) 43rd Annual Seminar, which will take place from 8:00 a.m. to 3:00 p.m. at the MSU Management Education Center on Saturday, October 28, 2017. Continue reading
By Gregory J. Fioritto
There are a myriad of reasons why it may be in the best interests of an Association to amend its governing documents, which include the Association’s Articles of Incorporation, Master Deed, Condominium Bylaws, Subdivision Plans, as well as any Board-adopted Rules and Regulation.
Here are six of the biggest reasons why Associations usually amend (in no particular order of importance, and with all due respect to Developer attorneys and Co-owner Landlords alike):
1. PURGE ALL UNNECESSARY DEVELOPER TEXT:
If your governing documents date back to the Carter Administration, there’s a good chance that they have never been amended and are still rife with Developer-related terms and provisions. Many Associations can greatly simplify (and shorten) their Master Deeds and Bylaws by simply removing all Developer-related terms.
Readers of your documents will thank you when they no longer have to slog through 3 Articles of intricate Expansion/Contraction/Conversion paragraphs in your Master Deed for no reason, or wade laboriously through provisions of your Bylaws addressing the transition of control of your Condominium from the Developer to the Co-owners (which may have happened for your community in 1982). Continue reading
Is it acceptable for a condominium association to charge a co-owner both late charges and interest on unpaid assessments?
Yes. The Michigan Condominium Act, MCL 559.206 (c), authorizes an association to impose late charges on a delinquent co-owner’s account “as provided in the condominium bylaws or rules and regulations of the condominium.” Michigan courts have expressly recognized that the purpose of late charges is to defray the association’s administrative costs (e.g., bookkeeping services, etc.) incurred as a result of having to carry and address delinquent co-owner accounts. Continue reading
Board Education and Training
brought to you by
Zelmanski, Danner and Fioritto, PLLC
Experienced Condominium & HOA Attorneys
The Condo & HOA B.E.A.T. (Board Education and Training) program is designed to educate condominium and HOA board members regarding the vast array of legal issues that they may face in serving their associations. This program is open to any condominium/HOA board member regardless of whether their association is currently represented by the firm. Property managers are also welcome. Free of Charge!!
Beginning in September, attorneys from Zelmanski, Danner and Fioritto, PLLC will present a one-hour class on a different topic each month. These classes will be held from 6:30 p.m. to 7:30 p.m. at the Mount Clemens Public Library. Continue reading
By: Tracy N. Danner-Bond, Esq.
On August 30, 2017, Mortgagee Letter 2017-13 was published, announcing yet another extension of the temporary condominium project approval policy provisions for FHA Certification. The additional extension is needed for HUD to complete the changes to the Condominium Project Approval and Processing Guide, initially published on June 30, 2011, and its subsequent implementation. There is no word on when the new Guide will be completed and implemented. So, the 5 year-plus holding pattern continues. . . .
Tracy N. Danner-Bond is a partner with the firm. Prior to joining the firm in 2004, she practiced estate planning, probate, and tax law. In addition to continuing her practice in estate planning law, Tracy has extensive experience in community association law. Her particular expertise includes FHA certification, document amendments, collection matters, and Bylaw violations.
Zelmanski, Danner & Fioritto, PLLC
“The Condo & HOA B.E.A.T.”
(Board Education and Training)
A new series of free educational seminars for condominium
and homeowner’s association
Serving on a condominium/HOA board can be a daunting task for the uninitiated. Beginning in September, attorneys from Zelmanski, Danner and Fioritto, PLLC (ZDF) will present a series of free one-hour educational seminars which will cover a different community association-related legal topic each month. These seminars, part of ZDF’s exclusive “Board Education and Training” (“B.E.A.T.”) program, are intended to help better prepare and educate board members (and property managers) for handling the many complex legal issues that they face in managing the affairs of condominium and homeowner’s associations. Continue reading
We are most pleased to announce that experienced ZDF attorneys Greg Fioritto, Mark Davis and Melissa Francis will present at an upcoming UCOM Seminar, which will take place on August 15, 2017 at the Costick Center in Farmington Hills.
The topics to be covered at the Seminar are as follows:
We are pleased to announce that Attorney Stacia A. Miller has joined the firm as an associate.
Although Ms. Miller is a “newly-minted “attorney (having passed the bar exam in 2017), she brings a tremendous amount of experience working with community associations to the Firm. Before getting involved in the legal field, Ms. Miller spent several years working for local property management companies. Later, she worked as a paralegal for a Michigan firm that specialized in community association law.
Ms. Miller graduated from Wayne State University Law School in 2015, and joined Zelmanski, Danner & Fioritto, PLLC, as a law clerk in 2016. Continue reading
We are pleased to announce that Attorney John D. Gwyn has joined the firm as an associate.
Mr. Gwyn is an experienced attorney and seasoned litigator who has been practicing law for nearly 27 years. His areas of practice prior to joining the ZDF team include not only community association law, but also various aspects of commercial and residential real estate transactions, enforcement of creditors’ rights, and bankruptcy matters.
The addition of Mr. Gwyn to the firm continues ZDF’s practice of retaining thoroughly experienced lawyers who are fully capable of addressing the myriad of complex legal issues that community associations face.