Legal Question in Real Estate Law in Michigan
Homeowner Association
Can the homeowners association levy past dues against a person who has bought a home with outstanding assessments? Our board has done just that and it is not their practice to file liens to collect delinquent dues.
Is there an agency to contact that can put me in touch with an attorney to amend the bylaws and/or deed restrictions?
1 Answer from Attorneys
Re: Homeowner Association
Check your purchase agreement. Outstanding assessments should have been covered in there. You can pay the debt and attempt to collect against the seller.
As to amending the bylaws, under section 90(2) of the Condominium Act, 1978 PA 59, MCL 559.101 et seq; MSA 26.50(101) et seq, the bylaws can be amended with the approval of 2/3 of the votes of all the co-owners and mortgagees.
Consider however, that the association has to have some recourse to collect delinquent fees.
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