reglab/housing_qa huggingface dataset:
MI Comp L § 554.939 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.939 - Continuing Care Agreement; Requirements.

554.939 Continuing care agreement; requirements.Sec. 39.  A continuing care agreement shall meet all of the following requirements:  (a) Specify in reasonable detail the rights, privileges, liabilities, and obligations of each party to the continuing care agreement with respect to the statements included in the disclosure statement under section 37(1)(h) to (cc).  (b) Specify whether a continuing care agreement may be terminated due to a material breach by either party and if so, what constitutes a material breach.  (c) Specify that the continuing care community may provide access to an adequate alternative facility that will provide care for the member, in place of or in mitigation of any damages.  (d) Specify that the continuing care community will not terminate a member without 30 days' written notice unless the continuing care community provides access to an adequate alternative facility.  (e) Each continuing care agreement shall be set forth in not less than 12-point type. The department may prescribe the format of a continuing care agreement or require a continuing care community to set forth in a continuing care agreement potential adverse information in designated positions and in a type size specified by the department.  (f) Specify that a continuing care agreement does not confer a property interest, an individual or partial ownership of a continuing care community, or voting rights in the operation of a continuing care community. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.943 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.943 - Financial Forecast.

554.943 Financial forecast.Sec. 43.  A pro forma financial plan shall include a financial forecast for a period of 3 years, presented on the same accounting basis as the financial statements, including all of the following:  (a) A balance sheet.  (b) A statement of changes and activities or statement of operations.  (c) A statement of cash flow.  (d) Expected cash proceeds from sales of continuing care agreements based on projected occupancy and attrition rates.  (e) Expected cash proceeds from monthly service fees, donations, interest, and entrance fees.  (f) Amount of reserves expected to be provided for capital replacement, improvements, maintenance, refunds, and other expenses.  (g) A statement of assumptions and principles used to make the forecast. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.949 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.949 - Records; Reports.

554.949 Records; reports.Sec. 49.  (1) A registered continuing care community shall prepare and maintain for not less than 6 years all of the following records:  (a) Accounts and records of each day's sales of memberships in the continuing care community, receipts of cash, and other debits and credits.  (b) Copies of contracts, including continuing care agreements and terminated continuing care agreements, management contracts for any material component of operations, contracts for construction of buildings or other structures used to provide continuing care, and contracts with affiliated persons related to any material component of operations.  (c) Records of compensation paid to persons, directly or indirectly, in connection with the offer or sale of continuing care agreements. These records shall include all the following information:  (i) The persons to whom payments are made.  (ii) The date and amount of each payment.  (iii) The reason for each payment.  (iv) The transaction from which each payment arose.  (d) Member records of all of the following:  (i) Each member's name, address, and age.  (ii) The total amount paid to date by each member and the dates on which the payments were made.  (iii) The aggregate amount to be paid by each member.  (iv) The terms of payment.  (e) Complaint records of all of the following:  (i) Each written complaint by a member alleging violations of this act or rules promulgated under this act.  (ii) The date of the complaint.  (iii) Any action taken by the continuing care community in response to the complaint.  (2) Not more than 30 days after the end of each fiscal year quarter, or such later date as may be authorized by the department, a registered continuing care community shall submit the following to the department, unless waived by the department:  (a) A quarterly sales report setting forth the continuing care community's sales executed by new members and the proceeds derived from the collection of entrance fees from such members.  (b) A quarterly occupancy report stating the percentage of occupancy of living units in a continuing care community, the number of occupants who have continuing care agreements, and the number of members who have died or moved out of the continuing care community since the last occupancy report was submitted.  (3) If required by the department in the reasonable exercise of its discretion, a registered continuing care community shall submit to the department a report that compares any increases in monthly service fees to the annual consumer price index - all urban consumers, over 5 preceding calendar years. This report shall be submitted no later than February 1 following the end of each 5-year period. The first 5-year period begins January 1 after the effective date of this act. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.951 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.951 - Advertising or Marketing Communication.

554.951 Advertising or marketing communication.Sec. 51.  (1) A person shall not distribute or transmit an advertisement or marketing communication described in this subsection unless a true copy of the advertisement or marketing communication has been submitted to and approved by the department or unless an advertising waiver has been approved by the department. This subsection applies only to an advertising or marketing communication that contains any of the following information:  (a) An entrance fee.  (b) A monthly service fee.  (c) A disclosure statement.   (d) A continuing care agreement.  (2) The department shall approve or reject in writing any advertisement or marketing communication submitted under subsection (1) within 10 days after the date it is received.   (3) To obtain an advertising waiver, a continuing care community shall submit to the department a written request that includes the reasons why the waiver should be approved. The department shall grant or deny a waiver request in writing within 30 days after receipt. If the waiver is granted, the waiver shall specify its expiration date, if any.  (4) This act does not impose liability, civil or criminal, upon a person regularly engaged in the business of publishing a bona fide newspaper or operating a radio or television station, and acting solely in the person's official capacity, who publishes an advertisement or marketing communication in good faith and without knowledge that the advertisement or marketing communication constitutes a violation of this act.  (5) A continuing care community shall maintain advertising or marketing communications for not less than 3 years in physical copy or electronic format and make these records available to the department upon written request. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.955 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.955 - Offer or Sale of Continuing Care Agreement; Prohibited Acts.

554.955 Offer or sale of continuing care agreement; prohibited acts.Sec. 55.  (1) A person shall not, in connection with the offer or sale of a continuing care agreement, directly or indirectly do any of the following:  (a) Employ a device, scheme, or artifice to defraud.  (b) Engage in an act, practice, or course of business which operates or would operate as a fraud or deceit.  (c) Make an untrue statement of a material fact or fail to state a material fact necessary in order to make the statements made not misleading, in the light of the circumstances under which they are made, including an untrue statement of a material fact or failure to state a material fact in any application, notice, or report filed with the department under this act.  (d) Fail to notify the department of a reportable change as required by section 33.  (e) Publish any advertisement or marketing communication that contains false, fraudulent, misleading, or deceptive information. This subdivision does not apply to a person that publishes an advertisement or marketing communication on behalf of a continuing care community and is not affiliated with the continuing care community.  (2) Each of the following practices constitutes a false, fraudulent, misleading, or deceptive advertising or marketing communication for purposes of subsection (1)(e):  (a) A statement or inference that the purchase of a membership in a continuing care community is a safe investment.  (b) A statement or inference that a continuing care community is affiliated with a religious, nonprofit, or proprietary organization if it is not so affiliated.  (c) A material misrepresentation of services, care, or amenities, provided or to be provided by a continuing care community. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.957 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.957 - Appointment of Independent Conservator or Guardian.

554.957 Appointment of independent conservator or guardian.Sec. 57.  If a member becomes mentally or physically incapacitated and is unable to handle his or her own personal or financial affairs, the continuing care community may petition a court of competent jurisdiction to appoint an independent conservator or guardian. If the court approves the petition as well as the costs associated with the petition, the continuing care community may charge these costs to the member. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.959 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.959 - Arbitration.

554.959 Arbitration.Sec. 59.  (1) A dispute, claim, or grievance arising between a member or a member's estate and a continuing care community shall upon written consent of the parties be submitted to arbitration. The arbitrator's decision is final and binding. The arbitration is subject to the rules of the American arbitration association in effect at the time of the dispute, claim, or grievance.  (2) A condition, stipulation, or provision purporting to bind a member to waive compliance with any provision of this act or a rule promulgated or order issued under this act is void. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.961 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.961 - Service of Process; Irrevocable Consent Appointing Department.

554.961 Service of process; irrevocable consent appointing department.Sec. 61.  (1) An applicant for registration under this act, other than a domestic corporation, shall file with the department, on a form prescribed by the department, an irrevocable consent appointing the department to be its attorney to receive service of lawful process in a noncriminal action or proceeding against it or its successor, executor, or administrator that arises under this act or a rule promulgated or order issued under this act after the consent has been filed. After the filing of the consent, process received by the department has the same force and validity as if served personally on the person filing consent.   (2) Service under subsection (1) may be made by leaving a copy of the process in the office of the department but it is not effective unless all of the following requirements are met:  (a) The plaintiff, who may be the department in an action or proceeding instituted by it, immediately sends notice of the service and a copy of the process by certified mail to the defendant or respondent at its last address on file with the department.  (b) The plaintiff's affidavit of compliance with subdivision (a) is filed in the action, on or before the return day of the process, if any, or within such further time as the court may allow.  (3) When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this act or a rule promulgated or order issued under this act, whether or not a consent to service of process has been filed and personal jurisdiction can otherwise be obtained in this state, that conduct shall be considered equivalent to the appointment of the department to be the attorney to receive service of a lawful process in a civil action or proceeding against the person or a successor, executor, or administrator arising out of that conduct and which is brought under this act or a rule promulgated or order issued under this act, with the same force and validity as if served on the person personally.  (4) Service under subsection (3) may be made by leaving a copy of the process in the office of the department, but it is not effective unless all of the following requirements are met:  (a) The plaintiff, which may be the department in an action or proceeding instituted by it, immediately sends notice of the service and a copy of the process by certified mail to the defendant or respondent at its last known address or takes other steps that are reasonably calculated to give actual notice.  (b) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.963 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.963 - Investigations.

554.963 Investigations.Sec. 63.  (1) The department may conduct investigations within or outside this state to determine if any of the following apply:  (a) An offering of a continuing care agreement under this act poses or may pose an unreasonable risk as described in subsection (3).  (b) A person has violated or is about to violate this act or a rule promulgated or order issued under this act.  (2) The department may require or permit a person to file a written statement under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated under subsection (1). If the person fails to reply with all required information to a written request from the department within 15 days after receipt of the letter, the department may issue a cease and desist order.  (3) The department may determine that an offering creates an unreasonable risk to members under this act if any of the following apply:  (a) Monthly service fees or assessments are not used for the purpose designated.  (b) With respect to an offering by a continuing care community seeking registration or exemption, the offering fails to provide for adequate reserves or other adequate revenue sources for operations, repairs, and renovations. The department may utilize an industry representative or accounting representative to determine the adequacy of revenue sources.  (c) With respect to a continuing care community making an offering, the continuing care community has been in operation less than 1 year or is in the development stage at the time of registration and has failed to achieve reservations for 75% of the living units at the date of first occupancy, unless the department finds that the financial condition of the continuing care community or the escrow arrangements established in connection with the offering are such as to outweigh any special risk.  (4) For the purpose of an investigation or proceeding under this act, the department may administer oaths and affirmations and receive evidence. To subpoena witnesses or require the production of books, papers, or other documents or records, the department must obtain an order of the circuit court by a showing that there is good cause to believe that a violation has taken place or is about to take place. However, in a contested case, the department itself may issue subpoenas and is subject to section 73 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.273. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.965 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.965 - Review and Audit of Documents and Records.

554.965 Review and audit of documents and records.Sec. 65.  (1) The department shall review all documents submitted to the department under this act for compliance with this act. The department may require the submission of supplemental documents if the department considers the additional information necessary for the purposes of this act.  (2) The records of a continuing care community are subject to reasonable audit by a representative of the department, inside or outside of this state, that the department considers necessary or appropriate in the public interest and for the protection of members or prospective members. The department may copy records the department reasonably considers necessary to conduct the audit.  (3) A routine audit shall be conducted during normal business hours and with reasonable advance notice. An audit in response to a complaint or other special audit may be conducted at any time and without advance notice. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.967 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.967 - Repayment of Entrance Fee; Temporary Suspension.

554.967 Repayment of entrance fee; temporary suspension.Sec. 67.  (1) A court or the department may by order authorize a registrant to suspend repayment of an entrance fee for not more than 180 days, upon a showing by the registrant that payment would jeopardize the care of members in the continuing care community. The order may be extended upon a showing of substantial progress in resolving the financial difficulties of the continuing care community.  (2) To obtain an order from the department allowing the temporary suspension of repayment of an entrance fee pursuant to subsection (1), a continuing care community shall submit to the department a letter requesting a temporary suspension order. The letter shall contain all of the following information:  (a) The name of the facility involved and its affiliates, if any.  (b) The particular facts relied upon as a basis for the suspension request.  (c) The time during which the facility desires the suspension to be effective.  (d) Financial statements dated not more than 45 days before the date of the request.  (e) Other information required by the department.  (3) The department may hold a public hearing to determine whether the suspension should be granted. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.971 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.971 - Cease and Desist Order.

554.971 Cease and desist order.Sec. 71.  (1) Subject to subsection (2), if the department determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this act or a rule promulgated or order issued under this act, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting such a violation, the department may issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary to comply with this act.  (2) Before issuing an order under subsection (1), the department shall notify the person. The notice shall include the proposed order, the reasons for the proposed order, and a statement that, if a hearing is requested in writing within 15 days after issuance of the notice of intent, a hearing will be conducted on the matter within 45 days after receipt of the request, unless the person consents to a later date. If a hearing is not timely requested, the department shall issue an order under subsection (1). If a hearing is timely requested, the department, after notice and an evidentiary hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may enter a cease and desist order or find that a violation has not occurred.  (3) A person that knowingly authorizes, directs, or aids in violation of a final cease and desist order, or who knowingly fails to comply with the terms of a final cease and desist order, may be fined not more than $10,000.00. History: 2014, Act 448, Eff. Apr. 2, 2015
MI Comp L § 554.973 (2021)
2021 Michigan Compiled Laws|Chapter 554 - Real and Personal Property|Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)|Section 554.973 - Injunction, Restraining Order, or Writ of Mandamus.

554.973 Injunction, restraining order, or writ of mandamus.Sec. 73.  If it appears to the department that a person has engaged or is about to engage in an act or practice constituting a violation of this act or a rule promulgated or order issued under this act, the attorney general may bring an action in the name of the people in the circuit court to enjoin the acts or practices or to enforce compliance with this act or the rule or order. Upon a proper showing, a preliminary or permanent injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. The court shall not require the department to post a bond. History: 2014, Act 448, Eff. Apr. 2, 2015