One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents.  The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act.”  In most cases, the condominium bylaws will also contain a provision that mirrors MCL 559.165 and requires compliance with governing documents.  However, it is not uncommon for co-owners to violate the condominium bylaws, either due to ignorance, misinterpretation of the condominium documents or willful noncompliance.  Accordingly, at some point in time, the board of directors is likely going to be required to take action to enforce the condominium bylaws.

The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants. 

Introduction 

Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects. 

Pursuant to Section 53 of the Michigan Condominium Act, MCL 559.153, the administration of a condominium project must be governed by condominium bylaws that must be recorded as part of the master deed.

            Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Charles E. Phyle Restated Revocable Trust In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the

Joe Wloszek and Katherine Hopkins of Hirzel Law, PLC represented Parkview at Orion Commons Condominium Association.

In Parkview at Orion Commons Condominium Association v Rouhan, the Oakland Circuit Court held that a dog who bit a neighboring co-owner is a dangerous animal that must be removed from the condominium premises.

Conflict is inevitable when co-owners live in close proximity in

            Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Charles E. Phyle Restated Revocable Trust In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the

One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents.  The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act.”  In most cases, the condominium bylaws will also contain a provision that mirrors MCL 559.165 and requires compliance with governing documents.  However, it is not uncommon for co-owners to violate the condominium bylaws, either due to ignorance, misinterpretation of the condominium documents or willful noncompliance.  Accordingly, at some point in time, the board of directors is likely going to be required to take action to enforce the condominium bylaws.

Issues associated with short-term rentals are a major problem facing many Michigan homeowners associations.  It is not uncommon for issues to arise between homeowners that use their property for short-term rental purposes and permanent residents.

Introduction 

Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects. 

Michigan condominium associations and homeowners associations have been struggling with decisions to open swimming pools and other recreational facilities all summer.  Many community associations have kept facilities closed for safety and liability reasons.  On September 3,

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