Legislation

Add the Michigan CAI LAC to your Community Association’s Budget

CAI’s Michigan Legislative Action Committee (MI LAC) has been very active in Lansing by fighting legislation that would harm community associations and going head-to-head with powerful and well-funded special interest groups.  With your help, the MI LAC can continue to advance issues in the legislature that are important to community associations. As community associations begin working on budgets for the coming year, we hope you can include the MI LAC in your planning and designate an annual investment in support of our legislative advocacy efforts.  For as little as $1 a door in your community, your association can make a big difference.  The MI LAC has been working on the following issues this year:

The MI-LAC needs money to battle other well-funded interest groups to ensure that community association interests are adequately represented.  The MI-LAC uses the funds raised from community association to pay for its lobbyist, legislative receptions, “Meet your Legislator” Day and to prepare educational materials for community associations and legislators.  Please consider an investment from your community association as you plan your next budget. We have strength in numbers and a small investment from each community goes a long way.   Please support this worthy and necessary advocacy effort. Donations can be made at www.caionline.org/LACDonate. The suggested donation is $1 or $2 per door in your community, but the MI LAC would greatly accept donations of any amount.  For continuing updates on legislative issues impacting Michigan’s community associations, please visit https://www.caionline.org/Advocacy/LAC/MI/Pages/default.aspx.  

Link to donation form

 

OCTOBER 2021 – MICHIGAN CAI LEGISLATIVE ACTION COMMITTEE UPDATE

As summer turns to fall, the Michigan Chapter of the Community Association Institute’s Legislative Action Committee (“LAC”) is seeing a definite uptick in legislative activity.   As legislators return from their summer break, it is now expected that they will resume action on policy issues in earnest.

Some key bills involving community associations are expected to be introduced this fall, including the following:

  • Amendments to the Marketable Record Title Act:  The Real Property Law Section (RPLS) of the Michigan Bar intends to propose amendments to the Marketable Record Title Act (MRTA) this year to resolve certain issues and problems which were created by the 2018 amendments to the Act.  This new bill may be introduced as soon as November.

The LAC’s focus continues to be on working to minimize the risk to community associations that their recorded governing documents (e.g., Master Deeds, Bylaws, and Declarations) may be eliminated after 40 years as a result of the 2018 amendments to the Act.

The LAC has reviewed the current draft of the proposed bill and made its recommendations to the RPLS.  The LAC Co-Chairs recently met for the second time this year with RPLS representatives to discuss the LAC’s proposed revisions.  Although the LAC views the proposed bill as a vast improvement over the current state of the MRTA in the protections it affords to condominium and homeowners’ associations, it still has some concern about the scope of the current bill (e.g., it contains a January 1, 1950 cut-off date for those “Subdivision Restrictions” that will be exempt from the effects of the MRTA; this may put older homeowners’ and property owners’ association at risk if they do not record the required statutory notice to preserve their restrictions).  The LAC will continue to provide input to the RPLS and other sponsors of the bill to ensure that the governing documents of both homeowners’ associations and condominium associations are protected to the fullest extent possible from any adverse consequences of the 2018 MRTA amendments.

  • Amendments to Sections 106 and 108 of the Condominium Act – Fines and Liens: The recent case of Channel View East Condo Ass’n, Inc v Ferguson, No 351888 (Mich Ct App Feb 25, 2021) (unpublished) held, in a nutshell, that the Condominium Act does not authorize an association to foreclose a condominium lien for unpaid fines only if the governing documents do not treat fines as assessments.  Although unpublished, this decision (if followed by Michigan courts) could significantly weaken the power of condominium associations to enforce their documents, as the foreclosure remedy would not be allowed for unpaid fines, only for unpaid assessments.  The LAC has drafted proposed amendments to Section 108 of the Act which would clarify that unpaid fines are secured by a condominium lien regardless of whether unpaid assessments are also owed.

In addition, the LAC has drafted proposed amendments to Section 106 of the Act which would clarify that the “notice and hearing” requirements of the Section governing the imposition of fines against co-owners for violations are 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 will 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 is currently looking to retain a sponsor in the legislature who will introduce this proposed bill.

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

 

 

Professional Credentials

CMCA® - Certified Manager of Community Associations®

The first step in gaining the fundamental knowledge you need to manage any type of community association.
 
The CMCA certification, administered by CAI's affiliate organization, National Board of Certification for Community Association Managers (NBC-CAM), is recommended for all community association managers. It can elevate your credibility and your community association's confidence in you.

AMS® - Association Management Specialist®

The second level in CAI's career development track for community association managers.
The AMS designation demonstrates a higher level of commitment to your career and the community association industry. An AMS designation is recommended for managers who want to enhance their career opportunities by increasing their knowledge and expertise.

PCAM® - Professional Community Association Manager®

The pinnacle of community association management. The PCAM designation is the highest professional recognition available nationwide to managers who specialize in community association management. Earn your PCAM and join the elite—the select—the best.
Recommended for experienced managers who want to demonstrate advanced skills and knowledge and who wish to be recognized as one of the best and most experienced managers in the nation.


CIRMS - Community Insurance and Risk Management Specialist

The CIRMS designation recognizes a demonstrated high level of competency within the risk management profession.


AAMC - For Community Association Management Companies

The AAMC accreditation demonstrates a company's commitment to providing the unique and diverse services community associations need. An Accredited Association Management Company ensures that their staff have the skills, experience, and integrity to help communities succeed. Its managers have advanced training and demonstrated commitment to the industry—just the type of professionals that community association boards seek to hire!

CCAL – College of Community Association Lawyers

The CCAL acknowledges CAI-member attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct.


Reserve Specialist (RS)

Are you seeking to expand your clientele and enhance your career? Community associations rely on qualified reserve specialists to assist them in extensive reserve planning to keep their communities running smoothly. Gain the confidence of board members by obtaining the Reserve Specialist® (RS®) designation.
 
The RS designation is awarded to qualified reserve specialists who, through years of specialized experience, can help ensure that community associations prepare their reserve budget as accurately as possible.