Restrictions and Enforcement

Michigan Passes Law Allowing Owners and HOAs to Remove Discriminatory Restrictions from Deeds and Other Recorded Documents

Michigan Passes Law Allowing Owners and HOAs to Remove Discriminatory Restrictions from Deeds and Other Recorded Documents

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...

Protections Against Housing Discrimination Extended to Sexual Orientation and Gender Identity

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"...

Governor’s Emergency Powers Ruled Unconstitutional? Controversial Gathering Prohibitions and Mask Mandate to Survive Under Alternate Legal Authority.

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 & 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

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

“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...

What Every Board Member Should Consider to Reduce Assessments

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...