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...
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...
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"...
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...
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 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...
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 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,...
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...
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...
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...
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...