Condominium associations frequently insure aging common elements, such as clubhouses, recreation centers, maintenance buildings, and other shared facilities, under replacement cost property insurance policies. Condominium and homeowners associations may assume that replacement cost coverage will fully fund rebuilding after a catastrophic loss. However, as Piatt Lake Bible Conference Association v Church Mutual Insurance Co., No. 2:23-CV-73, 2025 WL…
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When “As-Is” Doesn’t Mean “Anything Goes”: Developer Sues County Treasurer for Conveying Nonexistent Condominium Units Governmental entities and condominium and homeowners associations frequently dispose of foreclosed properties to private purchasers or developers through settlement agreements or deeds that include “as-is, without warranty” clauses. These provisions are intended to protect sellers from liability over the property’s physical condition. However, such language…
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Can a Michigan Condominium Association Remove an Aggressive Dog Without Notice? Disputes involving the enforcement of condominium deed restrictions and restrictive covenants can raise serious questions about the rights of individual condo unit owners (formally referred to as co-owners) and how restrictions within condominium governing documents should be interpreted and applied, especially when those restrictions are being used as a…
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Seasonal Docking Rights in Michigan Subdivisions: Understanding Property Use Restrictions Homeowners associations often adopt deed restrictions that govern the way property can be used within their communities. These restrictions can influence what property owners can place on their land and whether they can construct, replace, or expand on these items. In addition to deed restrictions, local zoning ordinances can…
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HOA Deed Restrictions: When is a View “Obstructed”? Lakefront property is often highly desired, and individuals owning these properties often wish to keep their view of the lake undisturbed. In an effort to ensure property owners are able to enjoy their lake view, homeowners associations for lakefront communities often adopt deed restrictions that protect this view and keep it free…
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Disputes over the interpretation and application of deed restrictions are often challenging for condominium and homeowners associations to navigate. These restrictions can work to prevent future development on land that is inconsistent with its intended use. However, the key to ensuring restrictive covenants are enforceable rests on clear and unambiguous drafting. In A2C2 Pship, LLC v Loch Alpine Improvement Ass’n,…
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