Can Homeowners Install Swim Spas? Key Lessons from Hills of Oakland v. Seibert “[R]estrictions for residence purposes, if clearly established by proper instruments, are favored by definite public policy. The courts have long and vigorously enforced them by specific mandate.” Oosterhouse v Brummel, 343 Mich 283,
Vendor Contract Essentials: How Community Associations Can Avoid Costly Mistakes As spring approaches, community association boards are gearing up to tackle long-awaited projects—from landscaping improvements to major repairs. While selecting the right vendor is a critical first step, having a well-structured contract and a strong management
3 Legal Essentials for Michigan Condo Boards Adopting Rules The governing documents of a condominium association are intended to address the various provisions and restrictions that apply to the co-owners and the association. The condominium documents, however, simply cannot address each and every specific situation that
Michigan Court Confirms: Tax Foreclosure Sale Does Not Eliminate Obligation to Pay HOA Assessments On May 12, 2000, the Michigan Court of Appeals issued an important decision in Lakes of the North Association v. Twiga Limited Partnership, clarifying that a Michigan tax foreclosure sale does not
Michigan Court Rules that Livestock, Unauthorized Fences, and Off-Road Vehicles Violated HOA’s Restrictive Covenants Disputes over whether exotic animals, such as chickens, can constitute pets under restrictive covenants are becoming increasingly common. In Nemeth v DiGirolamo, unpublished opinion of the Court of Appeals, issued March 12,
Michigan Court of Appeals Confirms HOA Board’s Right to Hire a Property Manager The Michigan Court of Appeals recently reaffirmed that a homeowners association (HOA) board has the authority to hire a property management company for compensation, even when an HOA’s bylaws state that "agents" must
