It is critical for community association boards to distinguish between restrictions contained in the governing documents and the rules or regulations adopted by the board. Amendments to governing documents, such as the master deed, bylaws, or declaration, generally...
Michigan community associations are typically established as nonprofit corporations under state law. However, this designation does not automatically create an exemption from federal income taxes. To obtain such an exemption, an association would have to apply to the...
In homeowners and condominium associations, the board of directors is typically responsible for overseeing the operations of the community. This includes maintaining common areas, enforcing rules, managing budgets, and making long-term decisions. The board holds...
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...
A community pool is one of the most valued amenities in a homeowners or condominium association, offering residents a place to relax, exercise, and connect with neighbors. However, without thoughtful policies in place, this shared space can become a source of...
Requests by co-owners to alter or modify their units—or adjacent common elements—are among the most frequent and challenging issues faced by condominium associations. For board members and property managers, responding to these requests requires careful consideration,...
Updated March 3, 2025 Community associations may finally be saved from filing BOI reports under the Corporate Transparency Act. We are glad to announce that on March 2, 2025, the U.S. Treasury Department has determined "...with respect to the Corporate Transparency...
In a notable decision issued on October 10, 2024, the Michigan Court of Appeals in Neuman v Long Lake Shores Ass’n, No 368648 (Mich Ct App Oct 10, 2024) upheld a trial court ruling in favor of MAGWV’s association client in a contractual dispute brought by a group of...
MAGWV has successfully argued that an above ground “swim spa” constitutes an above ground “swimming pool” and is therefore prohibited when an association’s governing documents prohibit above ground swimming pools. In Hills of Oakland Subdivision Association v....
Association boards have legal, financial, and ethical responsibilities for the organization they lead. Individual directors in turn have a legal duty to act with due care in their service to the association. This involves attending meetings, providing legitimate...
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...