The Michigan Court of Appeals recently issued an opinion in Apache Hills Property Owners Association, Inc. v Sears Nichols Cottages, LLC (Docket No. 360554) which reconfirms how to interpret leasing and use restrictions. This case involved a dispute over the...
Keeping backyard chickens has become increasingly popular over the years as more and more people seek to live a sustainable and self-sufficient lifestyle. But is it legal for Michigan community association residents to keep chickens in the backyard of their...
Updated as of March 28, 2024 As discussed in more detail below, the State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community associations may not be familiar with the MRTA since its provisions historically have not affected...
In community association administration, disparate impact claims can arise when a seemingly neutral policy or practice has a disproportionate negative impact on a group protected by fair housing laws. For example, communities occasionally ask us whether they can...
The time is always right to do what is right. Martin Luther King, Jr. A new Michigan law went into effect on December 13, 2022 called the Discharge of Prohibited Restrictive Covenants Act (“Act”). This Act gives Michigan property owners and Michigan community...
When you're shopping for a new place to live, you probably consider a lot of factors – location, schools, taxes, and the community itself. You're essentially interviewing the neighborhood to see if it's the right fit for you. But once you move in, it's easy to feel...
Governing documents for Michigan community associations serve several functions. The foremost of these functions is to inform members and prospective members of the respective rights and obligations of membership in the association relative to the upkeep of the...
From frozen pipes, broken appliance supply lines, to roof leaks and leaking drain pans, in townhome and attached condominiums, these and other sources of water intrusion can quickly wreak havoc for owners and the association if not handled properly and quickly....
The vitality of Michigan community associations is directly related to the quality of their volunteer board of directors. However, in this litigious age, potential directors may be concerned about the personal liability faced when their every decision may be...
UPDATE: See also our October 2023 update on Lending Questionnaires. It has been just over a year since tragedy struck Surfside, Florida, when ninety-eight individuals perished in when a 12-story beachfront condominium partially collapsed. The national response...
Winning one appeal is hard; winning two appeals in the same case is harder. When the experienced Michigan condominium association lawyers at Makower Abbate Guerra Wegner Vollmer helped their HOA client win for the second time in Copperfield Villas v Tuer, No 356494...
The COVID pandemic continued longer than many had expected and has impacted almost every facet of everyday life. Facing evolving governmental guidance and individual comfort levels, we have been forced to adapt to what appears to be a new norm. This is particularly...