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...
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...
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...
There is a worrying trend of new bankruptcy filings locally and nationally. The Eastern District of Michigan (covering the metro Detroit area) saw a 7% jump in new bankruptcy filings in 2024 compared to 2023. In March 2025, new bankruptcy cases nationally increased...
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...
The Michigan Homeowners' Energy Policy Act: What Board Members and Managers Need to Know If you are a board member or manager of a Michigan community association, you need to know how to comply with the Homeowners' Energy Policy Act, which becomes effective April 2,...
Evan Alexander joined the MAGWV team 10 years ago, and during that time, he has steadily established himself as an authority on community association law. He is a frequent presenter on community association law topics, including seminars held by United Condominium...
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....