Slides from the fourth evening of our four-week course offered October 4 through October 25, 2016 for Michigan community association board members, managers and owners. If you missed this one, we will be offering courses again in the spring and fall of each year.

1. The Meisner Law Group, P.C.
www.meisner-law.com
248-644-4433
© 2016 The Meisner Law Group, P.C.
Introduction to Successful
Community Association Operation
October 25, 2016
Presented by: Robert M. Meisner, Esq.
Brian R. Harris, Esq.
Attorneys and Counselors

2. Parliamentary Procedure:
How to Schedule and Conduct General Membership and
Board of Directors’ Meetings
1. Conduct of Meetings: Annual vs. Board vs.
Special
a. Give proper notice
 Minimum 10 days, maximum 60 days
 Deliver personally or by US Mail
 Deliver electronically if authorized by member
 Does not involve transmission of paper
 Creates a record that can be retrieved and
retained by member
 May be directly reproduced in paper form by
recipient
The Meisner Law Group, P.C. 2

3. Parliamentary Procedure:
How to Schedule and Conduct General Membership and
Board of Directors’ Meetings
1. Conduct of Meetings: Annual vs. Board vs.
Special, cont.
b. Record Date
 This is the date by which eligibility to vote is decided
c. Annual Meetings
 Set date
 Serve notice
 Nominations
d. Special Meetings
 Spell out purpose of meeting in notice
e. Member proposals included for membership meetings
The Meisner Law Group, P.C. 3

4. Parliamentary Procedure:
How to Schedule and Conduct General Membership and
Board of Directors’ Meetings
2. Determine quorum
3. Proxies and absentee ballots
4. Agenda
a. Follow order of business if outlined in bylaws
b. Election of directors (if Annual Meeting)
The Meisner Law Group, P.C. 4

5. Parliamentary Procedure:
How to Schedule and Conduct General Membership and
Board of Directors’ Meetings
5. Parliamentary procedure
a. Motions
6. Voting
a. DVR: Designated Voting Representative
b. eVoting
7. Remote participation by members at Annual or
Special Meetings
8. Board of Directors’ meetings
a. Notice
b. Executive session closed to co-owners
The Meisner Law Group, P.C. 5

6. Parliamentary Procedure:
How to Schedule and Conduct General Membership and
Board of Directors’ Meetings
9. Telephone participation at Board meetings
10. Minutes
a. Secretarial duty
11. Time Limit
a. Two hours recommended
12. Action without a meeting
a. Board actions
 Need unanimous consent
b. Membership actions
 Only if permitted in Bylaws or Articles of Incorporation
 Minimum 20, maximum 90 days
The Meisner Law Group, P.C. 6

7. Enforcement of Restrictions in the Bylaws and
Rules and Regulations
I. Bylaw Restrictions vs. Rules and Regulations
Meadow Bridge Condominium v. Bosca
“A regulation is ‘a tool to implement or manage
existing structural law’, while an amendment
‘presumptively changes existing structural law.’”
A. Two criteria to consider first
1. Restriction reasonable on its face
2. Enforced in a reasonable manner
The Meisner Law Group, P.C. 7

8. Enforcement of Restrictions in the Bylaws and
Rules and Regulations
I. Bylaw Restrictions vs. Rules and Regulations,
cont.
B. Establish the default
C. Send written notice demanding compliance
1. Explanation of the violation
2. A date by which compliance must occur
3. Fining requirements
The Meisner Law Group, P.C. 8

9. Enforcement of Restrictions in the Bylaws and
Rules and Regulations
I. Bylaw Restrictions vs. Rules and Regulations,
cont.
D. Legal action stage
1. Litigation or possibly attorney letter
2. See Condominium Bylaws (remedies for
default provision)
The Meisner Law Group, P.C. 9

10. Enforcement of Restrictions in the Bylaws and
Rules and Regulations
I. Bylaw Restrictions vs. Rules and Regulations,
cont.
E. Recovery of costs and attorney’s fees
F. Removal and abatement
G. Assessment of fines
The Meisner Law Group, P.C. 10

11. Enforcement of Restrictions in the Bylaws and
Rules and Regulations
I. Bylaw Restrictions vs. Rules and Regulations, cont.
H. Fine procedure
1. Opportunity for a hearing before the Board of
Directors
2. Written fine procedure to set amounts:
a. First violation: No fine shall be levied
b. Second violation: $25.00 fine
c. Third violation: $50.00 fine
d. Subsequent violations: $100.00 fine
3. Subsequent violations
4. How to collect fines in accordance with the
procedures outlined in the Bylaws for collecting
delinquent assessments
The Meisner Law Group, P.C. 11

12. Enforcement of Restrictions in the Bylaws and
Rules and Regulations
II. Areas of Caution for the Board of Directors
A. The restrictions must be reasonable on their face
and legal to ensure enforceability
B. Caution – selective enforcement and failure to
enforce
C. Standard of care and business judgment rule
D. The Board should establish a step-by-step policy
by Board resolution
E. The Board should delegate enforcement to an
agent or an attorney so as not to become
involved in personal conflict with personal
neighbors of the Board members
The Meisner Law Group, P.C. 12

13. Enforcement of Restrictions in the Bylaws and
Rules and Regulations
III. Summary of Condominium Living
The Meisner Law Group, P.C. 13

14. 14
The Meisner Law Group
30200 Telegraph Road, Ste. 467
Bingham Farms, MI 48025
248-644-4433 www.meisner-law.com
The Meisner Law Group, P.C.