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...
A condominium association’s board of directors has a seemingly endless list of responsibilities, but one of the most important – at least in terms of its impact on the membership – is the adoption of an annual budget. In simple terms, adopting a budget requires the...
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,...
It's a condition that affects between three and five percent of all Americans, both men and women. With an aging baby boomer generation, experts predict that the problem is only going to get worse. It’s called hoarding and for condominium associations, particularly...
The legalization of marijuana in Michigan concurrently provides a framework for its regulation and control. Association boards will be able to look to the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) (MCL 333.27951 et seq.), and the regulatory scheme...
A recent federal court decision in U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), is instructive as to how boards of directors can put their associations at risk when they fail to make timely final decisions on accommodation...
Condominium and homeowner's associations are seeing an increase in the number of requests for accommodation of emotional support animals. That has correlated to rising numbers of disability discrimination lawsuits and claims of failure to accommodate. Educated board...
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...
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...
On March 16, 2023, Governor Gretchen Whitmer signed a bipartisan bill officially expanding Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), which bars discrimination in employment and housing sectors. The ELCRA now protects against discrimination based on an...
The new presidential administration is expanding the government's enforcement of the federal Fair Housing Act ("FHA"). Community associations are subject to the anti-discrimination provisions within the FHA. The FHA expressly prohibits discrimination based upon "sex"...
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...