Michigan Condo Owner Seeks to Replace Board Members and Access Association Records

J.T. from Michigan writes:

Dear Mister Condo,

This is in the state of Michigan: What percentage of signed owners (in agreement) are needed to release the current board members? And, replace? How does an owner or owners (#) demand to receive current and past (3 years) bills (invoices) for services, including the property management company and accounting?

Mister Condo replies:

J.T., since I am neither an expert in Michigan condo law nor an attorney, I posed your question to a group of friends who do practice community association law in your state. This is not to be construed as legal advice. It is just some friendly advice to guide you on your way. You may wish to seek your own legal opinion and/or hire an attorney to guide you on your path. Here is what my friend had to offer:

In Michigan, the ability to remove a director(s) is typically governed by the association bylaws a/k/a the corporate bylaws. Depending on the age of the governing documents, the condominium bylaws and the association bylaws may be merged into one document. Therefore, the first place to look would be in the association bylaws, which usually has a procedure to remove a director. In addition, most condominium associations are nonprofit corporations and the Michigan Nonprofit Corporation Act also has provisions regarding removing a director. See MCL 450.2511 and MCL 450.2514.

In order to demand current and past bills, the individual would need to send a demand for inspection of records letter. The letter can be sent under the 1) Nonprofit Corporation Act, 2) the Michigan Condominium Act and/or 3) the Condominium Bylaws. As an attorney, my firm routinely handles such requests.

That sounds like solid advice to me, J.T.! All the best!

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