HOUSE BILL No. 4015

 

 

January 11, 2017, Introduced by Rep. Lucido and referred to the Committee on Local Government.

 

     A bill to amend 1978 PA 59, entitled

 

"Condominium act,"

 

by amending section 107 (MCL 559.207), as amended by 2000 PA 379,

 

and by adding section 70; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 70. (1) The association of co-owners or its board of

 

directors shall call an annual budget meeting. Notice of the time,

 

date, and place of the meeting shall be sent by United States mail

 

or electronic mail to each co-owner not less than 15 or more than

 

30 days before the meeting. The notice shall include a proposed

 

budget. The notice shall state that the primary purpose of the

 

meeting is to approve a budget for the association of co-owners,

 

but that other business may be conducted. Approval of the budget

 

requires the affirmative vote of a majority of the co-owners. Co-


owners shall vote in person and not by proxy.

 

     (2) If a quorum is not achieved at a meeting under subsection

 

(1), a second meeting shall be called subject to the same

 

requirements as provided in subsection (1). If a quorum is not

 

achieved at the second meeting, the proposed budget shall be

 

considered to be approved.

 

     (3) If a quorum is achieved at a meeting under subsection (1)

 

or (2) and the budget is rejected by a majority of the co-owners,

 

the association board shall prepare a revised proposed budget and

 

call a new meeting of the association. Subsections (1) and (2)

 

apply to the new meeting. If the revised proposed budget is

 

rejected by a majority of the co-owners, a new budget shall not be

 

approved for that fiscal year.

 

     (4) The current budget shall remain in effect until a new

 

budget is approved by the association.

 

     (5) This subsection does not apply to a budget produced by a

 

developer in the first year of the association, before the

 

transitional control date.

 

     Sec. 107. (1) A co-owner may maintain an action against the

 

association of co-owners and its officers and directors to compel

 

these persons to enforce the terms and provisions of the

 

condominium documents. In such a proceeding, the association of co-

 

owners or the co-owner, if successful, shall recover the costs of

 

the proceeding and reasonable attorney fees, as determined by the

 

court, to the extent that the condominium documents expressly so

 

provide.

 

     (2) A co-owner may request the assistance of the administrator


in resolving a dispute with the association of co-owners or its

 

officers or directors arising from an alleged violation of the

 

condominium documents, the association bylaws, this act, or rules

 

promulgated under this act. The administrator may do any of the

 

following:

 

     (a) Investigate the alleged violation.

 

     (b) Seek resolution of the dispute.

 

     (c) Request the prosecuting attorney of the county in which

 

the property is located or the department of the attorney general

 

to bring an action in a court of competent jurisdiction against the

 

association of co-owners or its officers or directors for

 

injunctive or other appropriate relief for a violation described in

 

this subsection.

 

     (3) The administrator shall establish and implement

 

confidential complaint, investigatory, informational, educational,

 

and referral procedures and programs for co-owners.

 

     (4) A co-owner may maintain an action against any other co-

 

owner for injunctive relief or for damages or any combination

 

thereof for noncompliance with the terms and provisions of the

 

condominium documents, or this act, or rules promulgated under this

 

act.

 

     Enacting section 1. Section 139 of the condominium act, 1978

 

PA 59, MCL 559.239, is repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.