2019

Firm News February 28, 2019

Congratulations to Kevin Hirzel and Matthew Heron on Being Appointed to CAI National Committees

Kevin Hirzel will honorably be starting his 2 year term on the CAI National Government & Public Affairs committee beginning January 1, 2019. He is proud to be a part of this great organization. CAI advances excellence in public policy through advocacy before legislative bodies, regulatory bodies and the courts by availing an extensive network of state legislative action committees,…
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Bylaw & Covenant Enforcement February 4, 2019

Michigan Court Upholds Condo Association Fines for Unauthorized Wind Turbine and Generator

In Oak Valley Estates Homeowners Association v Georgetta Livingstone, Unpublished Opinion of the Michigan Court of Appeals, Docket No. 338292 (January 22, 2019), the Michigan Court of Appeals upheld a monetary judgment in favor of a condominium association, for fines and attorney’s fees and costs, after granting an injunction requiring that a co-owner remove solar panels, a wind turbine and…
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Document Amendments January 21, 2019

Amending Deed Restrictions: Giving Meaning to Successive Terms Without Ignoring Declarant Intent

Introduction Restrictive covenants in Michigan are valuable property rights and have been effectively used to assist in the orderly development of Michigan communities.  The rights contained in restrictive covenants are used by developers to implement their community visions and by property owners to protect and enhance the value of their homes.  Once adopted these provisions often require unanimous consent to…
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Fair Housing January 16, 2019

#communityassociationstoo: Community Associations Liability for Sexual Harassment Under HUD Hostile Environment Rules

In the summer of 2013, Kayla West began looking for a house to rent in Georgia. She came across a rental home owned by DJ Mortgage, LLC, and contacted Gene Andrews, DJ Mortgage, LLC’s property and leasing manager. Ms. West entered into a lease agreement for the rental property, and between August 2013 and October 2013, Ms. West alleged that…
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Document Amendments January 4, 2019

Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk

On December 31, 2018, SB 671 was enacted into law, via 2018 PA 572, in order to amend the Michigan Marketable Record Title Act. SB 671 was a lame duck bill that may have drastic consequences for Michigan condominiums and homeowners’ associations in the future.  Based on the amendment to the Michigan Marketable Record Title Act, in certain circumstances, Michigan…
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