Bafna v Echo Valley Condominium Association A Michigan Court of Appeals decision suggests courts will view Michigan owner requests to inspect condominium, homeowner, and community association documents quite broadly and will generally frown on refusing to allow...
Rules and Regulations
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...
Can you Foreclose on Just Unpaid Fines? How a Recent Decision from the Michigan Court of Appeals May Impact a Condominium Association’s Ability to Collect Unpaid Fines
In a unanimous but problematic decision issued on February 25, 2021 in Channel View East Condominium Association, Inc. v Ferguson (Docket No. 351888), a panel of the Michigan Court of Appeals held that a condominium association did not have authority to...
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"...
State Extends Timeframe to File a Claim Under the Marketable Record Title Act
On March 29, 2019, significant amendments to the Marketable Record Title Act (MRTA) went into effect. Under these amendments, for a generic incorporation by reference like "subject to easements and restrictions of record" to validly preserve a restriction recorded...
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...
Association Funding: Budgeting, Assessments, and Reserves
Association boards have a variety of responsibilities in administering the affairs of a condominium or homeowner association. Some of the most important responsibilities include ensuring that the association has sufficient funding to maintain, repair and replace items...
The Foundation for Community Association Research Release 2019 Community Association Fact Book
As community association volunteers or professional, it is important to understand the trends, issues and operations affecting our community associations. To help foster that understanding, the Foundation for Community Association Research, which provides...
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,...
Eviction Moratorium Extended with Guidance for Courts Once the Moratorium is Lifted
Hours before it was set to expire, Michigan's moratorium on evictions was further extended on June 11, 2020 with Executive Order 2020-118 (the "Order"). Pursuant this Order, unless the occupant of the dwelling poses a substantial risk to another person or an imminent...
Macomb and Oakland Counties Rescind Orders Closing Tri-County Swimming Pools
As noted in a prior client advisory, (see Tri County Swimming Pools Closed Until Further Notice) Boards of community associations with pools have been struggling with the decision of whether to open their pools for the 2020 summer season. On May 28, 2020, the...
Why Associations Must Be Aware of Changes to the Marketable Record Title Act
As discussed in more detail below, the State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community associations may not be familiar with the MRTA since its provisions historically have not affected community association living or...