Legal Question in Real Estate Law in Michigan

Can assessment be relieved?

Our property association has been turned over by developer who states in a letter that he is relieved of paying assessments for 10 years according to Article IV, Section 5 of Master Deed - reads: Assessments levied against the Units to cover expenses of administration shall be apportioned among and paid by the Co-owners on an equal basis, in advance and without increase or decrease for the existence of any right to the use of limited common elements appurtenant there to. Notwithstanding the foregoing, the Board of Directors, including the first Board of Directors appointed by the Developer, may relieve a Unit Owner (including the Developer) who has not constructed a residence within his Unit from payment, for a limited period of time, of all or some portion of his respective allocable share of the Association budget. The purpose of this provision is to provide fair and reasonable relief from Assocation assessments for non-resident owners until such Owners actually commence utilizing the common elements on a regular basis ... is this legal??? They own 10+ lots

Letter also states they are turning over $6515 expenses incurred to date. Isn't it their responsibility to pay ''their'' expenses not forward to new Assocation?

Thank you!


Asked on 4/20/05, 12:07 pm

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Can assessment be relieved?

I would need to review the master deed in its entirety. Also, I would need to see the bylaws and any other Association documents. Without this information, I cannot properly advise you whether they bear any responsibility. For more info, please contact my office at (248)851-3171.

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Answered on 4/20/05, 12:19 pm


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