On September 18, 2025, the Michigan Court of Appeals issued an unpublished but significant decision addressing whether a nine-month residential lease violated deed restrictions prohibiting “business or commercial purposes.” In Timber Lake Drive Property Owners’...
By Amy M. Smith, Partner, MAGWV On September 29, 2025, the deadline arrived for addressing the possible expiration of subdivision restrictions more than 40 years old under the Marketable Record Title Act (MRTA). On that very day, the Governor signed into law a bill...
In July 2025, the Michigan Supreme Court affirmed the Michigan Court of Appeals’ ruling that a covenant restricting property to “single family residence purposes” is sufficient, on its face, to prohibit short-term vacation rentals. This case, Melvin R. Berlin...
Long-term planning is one of the primary duties an individual undertakes when seated on the board of directors for a community association. There is a constant balance that must be found between a desire to keep assessment levels steady (and low) and ensuring that the items which the association is responsible for repairing, replacing and maintaining are properly handled in the short and long-term.
On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a...
The State of Michigan adopted Public Act 68 of 2024, known as the "Homeowners’ Energy Policy Act" (the “Act”). Its effective date is April 2, 2025. This Act impairs the ability of condominium and subdivision associations (referred to in this article as “community...
The primary allure of social media in community associations lies in its ability to foster enhanced communication. Platforms like Nextdoor and Facebook groups offer a space for neighbors to share information — from community events to security alerts — and foster a...
Last year, the Michigan Supreme Court's decision in Kandil-Elsayed v. F&E Oil, Inc., marked a pivotal change in premises liability law. The ruling clarified that the "open and obvious" doctrine would not entirely preclude liability claims regarding dangerous...
Public Act No. 187, adopted on November 7, 2023, establishes the Uniform Power of Attorney Act in Michigan, and takes effect July 1, 2024. The Act provides a structured approach to the creation and use of powers of attorney (POA). The following is a summary of its key...
Effective September 18, 2023, some updates were made to the eligibility criteria for condominium and cooperative projects by Fannie Mae and Freddie Mac. Known formally as the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage...
When people think of Michigan's No-Fault Insurance Act ('Act'), their mind is likely drawn to thoughts of a roadside automobile accident. But what if an automobile damages subdivision common areas or condominium common elements? Under State law, drivers are required...
In a significant ruling that affects property owners throughout the state, including Michigan’s community associations, the Michigan Supreme Court substantially altered premises liability law. On July 28, 2023, the Court ruled in the cases of Kandil-Elsayed v. F &...