Court Requires More Disclosure For Michigan Condos And HOAs

MAKOWER ABBATE GUERRA VOLLMER: A Michigan Court of Appeals decision suggests courts will view Michigan owner requests to inspect condominium, homeowner, and community association documents quite broadly and will generally frown on refusing to allow inspections absent very compelling reasons. While some legal questions remain, and cases like this will depend on their specific facts, the trend appears to be in favor of more owner access to information, not less.

Bafna v Echo Valley Condo Ass’n, No 353785 (Mich Ct App Oct 28, 2021) (unpublished) was a split decision, with two Michigan Court of Appeals Justices ruling in favor of the records-inspecting owner, and a dissenting Justice indicating they would have reversed the trial court and remanded for further proceedings.…READ MORE