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...
Restrictions and Enforcement
Michigan Court Holds Short-Term Rentals Not “Residential Use”
Michigan Court Decides That Short-Term Rentals Do Not Constitute “Residential Use” Cherry Home Association v. Keith V. Baker and Amy B. Harrison Michigan Court of Appeals (unpublished), Docket No. 354841, Decided October 21, 2021 As renting residential property in...
Some County Tax Foreclosures on Hold for 2021
The COVID-19 pandemic has created economic difficulties for many individuals. In 2020, County Treasurers, in conjunction with and at the direction of the State, determined that it was appropriate to cancel all tax foreclosure sales. Since the moratorium in 2020 and...
Michigan Eases Certain COVID-19 Restrictions
As the third COVID-19 vaccine begins its rollout to selected populations in Michigan, the Department of Health and Human Services has issued an updated Gatherings and Face Mask Order that will loosen some of the restrictions that were previously put in place by the...
Protections Against Housing Discrimination Extended to Sexual Orientation and Gender Identity
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"...
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...
Governor’s Emergency Powers Ruled Unconstitutional? Controversial Gathering Prohibitions and Mask Mandate to Survive Under Alternate Legal Authority.
On October 2, 2020, four weeks after Michigan Governor Gretchen Whitmer issued two new Executive Orders regarding Michigan's Safe Start response to the coronavirus pandemic, the Michigan Supreme Court dealt a serious blow to the Governor's emergency powers. A divided...
COVID-19 & Community Association Foreclosures: Boards Encouraged to Enact COVID-19 Related Moratoriums on Foreclosures
Covid-19 has upended normal life for all Americans, from widespread job losses, scrambling for daycare, to working from home while watching the kids at the same time. Community associations have likewise been affected. Such significant disruptions in daily life have,...
Expanded “Resumed Activities,” Including Construction, Real Estate, and Outdoor Workers to be Permitted on May 7, 2020, Under Michigan’s Modified Stay Home, Stay Safe Executive Order
On March 23, 2020, Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-21, which was a "temporary requirement to suspend activities that are not necessary to sustain or protect life." The Order went into effect on March 24, 2020, at 12:01 a.m., and has...
“Resumed Activities,” Including Landscaping, Now Permitted under Michigan’s Stay Home, Stay Safe Executive Order
On March 23, 2020, Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-21, which was a "temporary requirement to suspend activities that are not necessary to sustain or protect life." The Order went into effect on March 24, 2020, at 12:01 a.m., and was...
All Violations Are Not Created Equally During Coronavirus Pandemic
The coronavirus pandemic and the Governor's stay home executive orders have not resulted in the extinction of restriction violations nor have they extinguished the ability to enforce a community's restrictions. While executive orders requiring most Michiganders to...
What Every Board Member Should Consider to Reduce Assessments
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...