Surfside Condominium Collapse Investigation

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Questions and Answers

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?

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?

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?

To examine factors contributing to the collapse and offer prevention suggestions Signup and view all the answers

What did the Michigan Court of Appeals rule regarding the building inspector's liability in the case of a condominium's water problem?

The inspector was not liable due to governmental immunity and lack of direct causation. Signup and view all the answers

What did the Champlain Towers collapse highlight about the role of property managers?

The importance of property managers in pushing for construction approval and assisting with visual inspections, repair bids, and emergency response plans. Signup and view all the answers

What is emphasized as crucial for condominium associations?

Regular reserve studies and sufficient reserve funds. Signup and view all the answers

What is suggested regarding governmental immunity protections for liability inspectors?

The legislature should consider repealing broad governmental immunity protections for liability inspectors. Signup and view all the answers

What does the text highlight as important for catching construction defects during the transitional control period?

The need for more stringent safety standards for new construction condominiums. Signup and view all the answers

What is suggested as a way to incentivize building inspectors to uncover construction defects?

Providing proper training and potential liability for negligence to building inspectors. Signup and view all the answers

What is highlighted as an advisable action for legislative incentives regarding condominium boards and co-owners?

Increasing assessments and engaging in long-range planning. Signup and view all the answers

What can be explored if reserve funds are insufficient for condominium associations?

Community association loans can be explored if reserves are insufficient. Signup and view all the answers

What is the responsibility of directors of nonprofit corporations, including condominium boards?

To act in good faith and in the best interests of the corporation Signup and view all the answers

Who can condominium board members rely on for information when making decisions?

Experts such as engineers and accountants Signup and view all the answers

What role do co-owners play in the success of a condominium?

They play a role in the success of a condominium Signup and view all the answers

What may help address issues within condominium associations?

Legislative changes or amendments to condominium bylaws Signup and view all the answers

What do developers often include in condominium documents to make it difficult for associations to hold them accountable for construction defects?

Anti-lawsuit provisions Signup and view all the answers

Who should provide clear advice and timelines for repairs, according to the text?

Engineers Signup and view all the answers

Who are generally protected from liability, even in cases of negligence, due to governmental immunity?

Building inspectors Signup and view all the answers

What should associations consider to address issues related to construction defects and repairs?

Amendments to their governing documents Signup and view all the answers

Who should ensure that contracts with engineers are carefully reviewed?

Condominium associations Signup and view all the answers

Who may start mandating more frequent structural inspections for buildings in the wake of a collapse?

Municipalities Signup and view all the answers

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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Description

Explore the complex factors involved in the Surfside condominium collapse and the roles of key players in the investigation. Gain insight into the multifaceted nature of building collapses and disaster prevention strategies.

https://micondolaw.com/2021/07/21/the-surfside-condo-collapse-lessons-learned-from-a-condo-association-tragedy/