Stephen Guerra

How are the elements of a community defined? How are the elements of a community defined? What establishes the components of the common areas versus homeowner-owned areas? Where is it written that certain elements are the responsibility of the homeowner and others the responsibility of the association? These issues and others are established in what’s …

Covenants, Conditions and Restrictions (CC&Rs) Read More »

Can associations place restrictions that would affect the sale of property in their communities? “Conceivably, every restriction, and any amendment, could impact the sale of properties or their resale value ,” said Vollmer. The argument is whether that effect is a positive or negative one. “Public policy favors these restrictions because, at their core, they …

Some Specific Questions Regarding CC&Rs Read More »

Delinquent homeowner dues accounts can affect a community in a variety of negative ways. Obviously, the association needs homeowner dues to be paid, preferably on time, in order to operate. However there are many residual undesirable consequences of having too many delinquent accounts. A community with an abundance of homeowners in arrears on their assessments …

Collection of Delinquent Dues Read More »

The Association’s Records Knowing which records should be kept, where to keep them and how to store them can help an association maintain access to important historical data about itself. Association records should contain information that the board can use as a reference for future projects, or possible evidence in a lawsuit or audit. Records …

The Association’s Records Read More »

Cultivating, nominating and electing board members is something that should always be on the minds of current board members Politics in any arena can be tricky, but in associations it can also sometimes be difficult to find people willing to serve. Many people feel unqualified or even afraid to volunteer due to fears of being …

Association Board Member Elections Read More »

Violations of the Fair Housing Act can result in severe penalties for associations. Being knowledgeable of how to govern your community responsibly in this regard is highly important. What is a common-sense approach to stay in compliance with the Fair Housing Act? “Treat everybody the same,” said Guerra. “Review all of your actions through a …

The Fair Housing Act and Civil Rights Read More »

What is a transition? What is a transition? Guerra explained, “In Michigan, in the condominium sense again, the Condominium Act talks about the ‘transitional control date,’ and it is the date on which the management and the administration of the condominium is transferred from a board of directors controlled by the developer to a board …

Transitions Read More »

What is a construction defect and what should an association do if they discover they have one? A construction defect is a condition existing due to an error made during construction. For an association to remedy the defects while still pursuing damages from the developer, Michigan attorney Stephen Guerra recommended proceeding with the repairs and …

Construction Defects Read More »