Robert M. Meisner: Maintenance responsibilities in common elements
Sep. 6—Q: I have lived in two different condominium developments, and in each case, I have had problems with common elements not being maintained properly, and the Association not willing to make the necessary repairs, and the same management company and law firm stonewalling me. Must I retain an attorney?
A: I understand your predicament, as our firm is confronted with this scenario almost on a daily basis. Perhaps, being a little more careful in learning about the condominium association into which you are becoming a member as it relates to it fulfilling its maintenance responsibilities would have been helpful.
However, it is true that many association boards try to avoid their legal responsibilities in maintenance and repair and engage a management company that will delay and obfuscate and retain a law firm that is known for, in effect, legal double talk to shield the association from its responsibility. The answer to your question is you need a lawyer who will not pull any punches and has broad-based experience.
Robert M. Meisner is the principle attorney of The Meisner Law Group, based in Bingham Farms, Michigan — which has provided legal representation for condominiums, homeowner associations, individual co-owners and developers throughout Michigan, including Grand Traverse, Leelanau and Emmet counties, for nearly 50 years. His book "Condo Living 2: The Authoritative Guide to Buying, Owning and Selling a Condominium" is available at www.momentumbooks.com. He can be reached at 800-470-4433 or bmeisner@meisner-law.com. Visit the firm's blog at www.meisner-law.com/blog
