As renting residential property in Michigan via websites has grown in popularity, so too have complaints from neighbors living in deed restricted communities. While these short-term rental opportunities may benefit the individual lot owners, they can represent a...
Restrictions and Enforcement
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...
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...
New Guidelines from HUD Aid Boards Reviewing Requests for Assistance Animals: What Every Board Should Know
On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued new guidelines clarifying how housing providers can comply with the Fair Housing Act (FHA) in reviewing an individual’s request for an assistance animal. These requests often prove...
Davis vs. Echo Valley Condominium Association: Guidance for Associations on Reasonable Accommodations and Nuisance Actions
The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has...
Rules Your Community Association Should Consider Adopting
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...
Get Smart – What Associations Should Consider in Light of the Rising Popularity of Smart Doorbells
Whether its excitement over new technology or a desire to discourage criminal activity, the demand for smart doorbells continues to grow. With these devices, someone is virtually always home and can easily respond to the delivery person, scare off a porch pirate or...
Don’t Let Requests for Electric Vehicle Charging Stations Shock You: How to Prepare Your Association for Green Energy Initiatives
In January 2019, Michigan’s first electric vehicle charging infrastructure program was approved by the Michigan Public Service Commission (MPSC). The Consumers Energy PowerMiDrive initiative includes a $10 million, three-year pilot program to support installations of...
Michigan Court of Appeals Rules That Short-Term Rentals May Violate Single-Family Residential Use Ordinances
Michigan Court of Appeals (unpublished), Docket No. 342831, Decided October 25, 2018 With the advent of Airbnb and similar services, the issue of short-term rentals has increasingly become a problem for condominium and homeowners associations over the last few years....
Recreational Marijuana: What Every Association Should Know
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...
The Department of Housing and Urban Development’s Final Rule: Is Your Association Liable?
In October 2016, the Department of Housing and Urban Development (“HUD”) adopted a final federal rule which guides how community associations should respond to certain types of discrimination claims in order to comply with the Federal Fair Housing Act. According to...