As fall in Michigan turns to winter, and then back to summer for a couple days, and then back to winter, the Michigan Chapter of the Community Association Institute’s Legislative Action Committee (“LAC”) is seeing a definite uptick in legislative activity, especially as we near the end of the 2021-2022 legislative session. As legislators gear up for elections and the expiration of their terms, we expect a significant amount of activity during the upcoming “lame duck” session.
Some key topics involving community associations include the following:
Instead, on September 8, 2022, Representative Hauck introduced HB 6370.HB 6370 was drafted initially to amend the MRTA so as to protect utility easements and conservation easements from the problems created by the 2018 amendments to the Act and also potentially protect restrictive covenants in deed restrictions.Unfortunately, the language of the HB 6370 was then modified to clarify that it does not benefit community associations.HB 6370 then passed the house, as modified, on September 28, 2022, but has not yet passed the Senate.The LAC has requested that Representative Hauck or HB 6370’s equivalent sponsor in the Senate add language to HB 6370 to protect community associations from the adverse effects of the 2018 amendments to the MRTA by clarifying that their recorded documents are not affected by the MRTA.These efforts appear to face strong opposition from the title insurance lobby which opposes the LAC’s efforts.
The MRTA amendments continue to be a high priority for the LAC. Even as this legislative session comes to a close, the LAC is still working to introduce and support legislation that will protect community associations and their recorded governing documents (e.g., Master Deeds, Bylaws, and Declarations) from being eliminated as a result of the 2018 amendments to the Act.
The LAC’s proposed amendments would also clarify that the “notice and hearing” requirement of Section 106 of the Act governing the imposition of fines against co-owners for violations.Under the LAC’s proposed amendments, the association’s notice and hearing obligations under Section 106 would be satisfied as long as the association has offered the co-owner the opportunity for a hearing (regardless of whether the co-owner actually requests or attends a hearing with the board).This change is intended to help provide clarity to association boards as to their statutory duty to provide notice to co-owners and conduct hearings on violations before imposing a fine.
The LAC has been working with legislators to get these amendments introduced and expects to see the legislation introduced in early 2023.
Community associations represent the interests of an ever-increasing membership in the State of Michigan and throughout the U.S. The CAI LAC is continually looking for ways to make our voices heard in the legislature and is committed to educating legislators about the needs of our communities.
But we can’t do it without your help.
The CAI LAC greatly needs your support to make our state’s laws better for all of our Michigan community associations, their members and families. Contributing to the CAI LAC with a monetary donation is one way that you can directly support these efforts to help make our laws better.
If you are interested in supporting legislative change for community associations, please consider making a financial contribution to the LAC at www.cai-michigan.org/advocacy.html. Contributions from both individuals and community associations are welcome.
Gregory J. Fioritto and Matthew Heron
Co-Chairs of the Michigan CAI LAC
Makower Abbate Guerra Wegner Vollmer PLLC
McCredie Insurance Agency
Alliance Association Bank
Associa Kramer-Triad Managent Group
First Citizens Bank
Maris Brown Insurance Group
G&S Property Services
Gold Star Companies
Incore Restoration Group, LLC
LAC Legislative Advocate Sponsor:
Kevin Hirzel, Esq. - Hirzel Law, PLC