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...
It is not uncommon for a condominium board to discover, years after the fact, that a co‑owner addition exists on the general common elements. This type of extension is commonly referred to as an encroachment, meaning a situation in which a co‑owner constructs or...
On September 18, 2025, the Michigan Court of Appeals issued an unpublished but significant decision addressing whether a nine-month residential lease violated deed restrictions prohibiting “business or commercial purposes.” In Timber Lake Drive Property Owners’...
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...
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 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,...
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,...
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...
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...
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....