The acts applicable to Condominium and Common Interest Community Associations have been amended starting January 1, 2015 (or later). These changes are summarized briefly below. Many of these changes will be discussed in greater detail.
- Condominiums and E-mail (HB 4784/PA 98-0735): Allows a condominium board to issue electronic notifications and other communications for association members who opt-in to such a communication system. Also allows a condo owner to designate either an-email address or postal address (or both) for official purposes and for an association’s records.
- Condominium Leasing (SB 3057/PA 98-0842): Unless a condominium, townhouse or apartment association’s by-laws or governing documents state otherwise, the owner who is leasing a unit to a renter must provide a copy of the lease within 10 days after the unit is occupied or the lease is signed (whichever comes first) regardless of the duration of the lease.
- Condominium Rental Foreclosure (HB 4782/PA 98-0996): Allows a condominium association board to rent a foreclosed property for longer than previously permitted by state statute.
- Condominium Electronic Voting (HB 5322/PA 98-1042): Enhances electronic communications(s), voting and notifications to and from condo associations and other “common interest” community associations.
- Condominium Rights (HB 4783/PA 98-1068): Prevents situations where developers put clauses in the condominium bylaws that prevent the association from suing the developer without unit owner approval. In most cases, the developer maintains an ownership interest in the building and thus the board would never be able to gain the unit owners’ permission before suing. Very similar to SB 2892, which passed the Senate earlier this year. Prohibits any provision which restricts the right of a board to represent that association in legal matters which affect the common elements or more than one unit, unless approved by a unit owner percentage vote of 75% or more following the election of the first unit owner board of managers.
- Process Servers and Gated Communities (SB 3286/PA 98-0966): Requires gated residential communities, including condominium associations or cooperatives, to grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness.
- Condominium and Common Interest Community Ombudsman Act (HB 4204/PA 1135): Creates the office of the Condominium and Common Interest Community Ombudsman within the department of Financial and Professional regulation, Division of Professional Regulation. Each association, other than common interest community associations exempt from CICAA, must adopt a written policy for resolving complaints made by unit owners within 180 days after the effective date of the Act (July 1, 2016). Beginning on July 1, 2019, unit owners may make a written request to the Ombudsman for assistance in resolving a dispute between a unit owner and an association that involves a violation of the Condo Act or CICAA. The Ombudsman may not accept requests for resolutions of disputes involving property managers or disputes which are presently pending in court. To obtain assistance, the unit owner must (1) not owe assessments (unless that is the dispute); (2) allege the dispute occurred within the past 2 years; (3) have made a written complaint alleging violations of either the Condo Act or CICAA; (4) have received a final decision from the association regarding such complaint; and (5) have filed the request within 30 days after receipt of the association’s final decision. Upon receipt of the unit owner’s request for assistance, the Ombudsman may assist in efforts to resolve the dispute by mutual agreement of the parties. All associations (other than those exempt under CICAA) must register with the Department; a registration shall be valid for 2 years. If an association fails to register, it is ineligible to impose or enforce a lien for common expenses until it has renewed its registration. Both the Condo Act (Section 605/35) and CICAA (Section 160/1-90) are amended to adopt and comply with the Act.