By Amy M. Smith, MAGWV Partner Updated November 16, 2023 The Homeowners' Energy Policy Act was recently introduced in the Michigan State Legislature as HB 5028. The House of Representatives has narrowly approved the bill by a vote of 56-54. It will now move on to a...
Keeping backyard chickens has become increasingly popular over the years as more and more people seek to live a sustainable and self-sufficient lifestyle. But is it legal for Michigan community association residents to keep chickens in the backyard of their...
Updated as of March 28, 2023 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...
In community association administration, disparate impact claims can arise when a seemingly neutral policy or practice has a disproportionate negative impact on a group protected by fair housing laws. For example, communities occasionally ask us whether they can...
From frozen pipes, broken appliance supply lines, to roof leaks and leaking drain pans, in townhome and attached condominiums, these and other sources of water intrusion can quickly wreak havoc for owners and the association if not handled properly and quickly....
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...
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 foreclose its...
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"...
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...
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...
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...
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...