When a condominium association makes a significant change to its governing documents, most of the attention naturally goes to getting the required co-owner approval. But that is not always the whole picture. In some situations, first mortgagees[1] also have the right...
Bylaws
Association Funding: Budgeting, Assessments, and Reserves
Association boards have a variety of responsibilities in administering the affairs of a condominium or homeowner association. Some of the most important responsibilities include ensuring that the association has sufficient funding to maintain, repair and replace items...
Marketable Record Title Act Amendment Becomes Law
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...
Michigan Supreme Court Affirms Enforcement of Residential Purpose Restrictions Against Short-Term Rentals
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...
Rules Your Community Association Should Consider Adopting
Does our Board have rulemaking authority? In Michigan, a condominium association Board has the implicit authority to enact reasonable rules and regulations regarding the condominium. Generally speaking, this authority is quite broad and unless otherwise specified in...
Another Victory for a MAGWV Association Client: Michigan Court Rules in Favor of Right to Hire Property Manager
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...
Do You Have a Responsibility Matrix And Is It Up To Date?
Boards and managers are always looking for ways to make the administration of their condominiums more efficient. Having to sort through the Master Deed (and multiple amendments too!) to figure out whether the association or co-owner is responsible for a certain common...
Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law
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....
Preventing Mold and Water Damage in Your Condominium Association: Proactive Steps for Managers and Boards
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....
Avoiding the Improper Denial of Association Insurance Claims
One of the primary functions of a condominium’s governing documents is to establish the respective responsibilities of the association and the co-owners for maintaining, repairing and replacing all property located within the condominium project. Often times, these...
Get Smart – What Associations Should Consider in Light of the Rising Popularity of Smart Doorbells
Whether its excitement over new technology or a desire to discourage criminal activity, the demand for smart doorbells continues to grow. With these devices, someone is virtually always home and can easily respond to the delivery person, scare off a porch pirate or...
Untenable Tenants! How to Address Problem Renters in Your Condominium
Tenants in condominium communities are often viewed as challenging, since they may not be familiar with condominium living. Because of this lack of experience, tenants may interfere with management, refuse to maintain the decorum required by the bylaws, or damage...











