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...
Rules and Regulations
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Michigan Court of Appeals (unpublished), Docket No. 342831, Decided October 25, 2018 With the advent of Airbnb and similar services, the issue of short-term rentals has increasingly become a problem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...
Responding to a Member’s Request To Review and Inspect Your Association’s Books and Records
Member requests to review and inspect an association’s records and books are a fairly typical occurrence and should not be a reason to panic, but such requests should be dealt with in a prompt and orderly fashion for reasons explained in this article. Some members are...
Make Sure Your Enforcement Charges are Collectible
In the course of running a Condominium Association, various charges may be provided by the Condominium Documents to be assessed against or posted to the accounts of co-owners who are either delinquent or in violation of other provisions of the Condominium Documents....
Surveillance, Security and Privacy An Overview Of Practical and Legal Considerations For Community Associations
Every person desires to have a safe and secure place to call home regardless of whether you live in an attached condominium, site condominium or subdivision. Choosing a home in a low crime area helps to ease worries of safety and security; however, crime occurs in all...
Drones: Regulation Under State and Federal Law, and Controlling Via a Community’s Governing Documents
Unmanned aircrafts, commonly known as drones, are becoming increasingly popular both for recreational and business uses. Technological advancements have increased those potential uses and brought the costs down. Given the popularity, constant technological...