Podcast
Questions and Answers
Who or what is likely to be responsible for the condominium collapse according to the text?
Who or what is likely to be responsible for the condominium collapse according to the text?
- The collapse was caused by a single identifiable cause
- The investigators
- A multitude of factors (correct)
- The condominium association’s board of directors
What is emphasized about high-rise condominiums in comparison to other types of condominiums?
What is emphasized about high-rise condominiums in comparison to other types of condominiums?
- They are easier to manage
- They require less maintenance
- They are more prone to collapses
- They are typically somewhat different than a townhouse or site condominium (correct)
What kind of protections do volunteer directors of a nonprofit corporation have in Michigan, according to the text?
What kind of protections do volunteer directors of a nonprofit corporation have in Michigan, according to the text?
- Limited protections
- Various protections (correct)
- Protections only in case of natural disasters
- No protections
What is the purpose of the article mentioned in the text?
What is the purpose of the article mentioned in the text?
What did the Michigan Court of Appeals rule regarding the building inspector's liability in the case of a condominium's water problem?
What did the Michigan Court of Appeals rule regarding the building inspector's liability in the case of a condominium's water problem?
What did the Champlain Towers collapse highlight about the role of property managers?
What did the Champlain Towers collapse highlight about the role of property managers?
What is emphasized as crucial for condominium associations?
What is emphasized as crucial for condominium associations?
What is suggested regarding governmental immunity protections for liability inspectors?
What is suggested regarding governmental immunity protections for liability inspectors?
What does the text highlight as important for catching construction defects during the transitional control period?
What does the text highlight as important for catching construction defects during the transitional control period?
What is suggested as a way to incentivize building inspectors to uncover construction defects?
What is suggested as a way to incentivize building inspectors to uncover construction defects?
What is highlighted as an advisable action for legislative incentives regarding condominium boards and co-owners?
What is highlighted as an advisable action for legislative incentives regarding condominium boards and co-owners?
What can be explored if reserve funds are insufficient for condominium associations?
What can be explored if reserve funds are insufficient for condominium associations?
What is the responsibility of directors of nonprofit corporations, including condominium boards?
What is the responsibility of directors of nonprofit corporations, including condominium boards?
Who can condominium board members rely on for information when making decisions?
Who can condominium board members rely on for information when making decisions?
What role do co-owners play in the success of a condominium?
What role do co-owners play in the success of a condominium?
What may help address issues within condominium associations?
What may help address issues within condominium associations?
What do developers often include in condominium documents to make it difficult for associations to hold them accountable for construction defects?
What do developers often include in condominium documents to make it difficult for associations to hold them accountable for construction defects?
Who should provide clear advice and timelines for repairs, according to the text?
Who should provide clear advice and timelines for repairs, according to the text?
Who are generally protected from liability, even in cases of negligence, due to governmental immunity?
Who are generally protected from liability, even in cases of negligence, due to governmental immunity?
What should associations consider to address issues related to construction defects and repairs?
What should associations consider to address issues related to construction defects and repairs?
Who should ensure that contracts with engineers are carefully reviewed?
Who should ensure that contracts with engineers are carefully reviewed?
Who may start mandating more frequent structural inspections for buildings in the wake of a collapse?
Who may start mandating more frequent structural inspections for buildings in the wake of a collapse?
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Study Notes
Legal and Structural Issues in Condominium Associations
- Directors of nonprofit corporations, including condominium boards, must act in good faith and in the best interests of the corporation.
- Condominium board members can rely on information from experts such as engineers and accountants when making decisions.
- In the case of Champlain Towers South, the board obtained engineering reports and was in the process of making repairs before the collapse.
- Co-owners play a role in the success of a condominium, and infighting within the association can hinder necessary repairs.
- Legislative changes or amendments to condominium bylaws may help address issues within condominium associations.
- Construction defects caused by developers may have contributed to the building collapse, and associations should be proactive in dealing with such issues.
- Developers often include anti-lawsuit provisions in condominium documents, making it difficult for associations to hold them accountable for construction defects.
- Engineers should provide clear advice and timelines for repairs, and condominium associations should have contracts reviewed by attorneys to protect their interests.
- Municipalities may start mandating more frequent structural inspections for buildings in the wake of the collapse.
- Building inspectors are generally protected from liability, even in cases of negligence, due to governmental immunity.
- Condominium associations should consider amendments to their governing documents to address issues related to construction defects and repairs.
- Associations should ensure that contracts with engineers are carefully reviewed and that municipalities mandate more frequent and thorough structural inspections for buildings.
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