2022

Animals & Pets September 16, 2022

Can Michigan Condominium Associations Ban Pets?

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
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HOA Bylaws September 2, 2022

Condominium Documents That Require Co-Owners to Use a Developer’s Rental Management in Condo Hotel May Violate The Sherman Antitrust Act

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
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Bylaw & Covenant Enforcement August 17, 2022

Can a Voluntary Homeowners Association Enforce Restrictive Covenants?

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
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Fair Housing August 1, 2022

Discrimination Based on Familial Status: What Your HOA Needs to Know About Kids and Common Areas

School’s out for the summer! For many condominium and homeowners associations with families, the long summer days mean more families and children utilizing recreational facilities and common areas, such as clubhouses and swimming pools. Concerned about the safety of children who use these areas, condominium and homeowners associations may create and enforce rules and regulations designed to protect the children…
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Bylaw & Covenant Enforcement July 19, 2022

Are Your HOA’s Architectural Control Restrictions Specific Enough?

One of the many benefits of buying property in a homeowners association is that the homes are often more valuable than homes located in non-deed restricted communities.  Architectural control restrictions in restrictive covenants often play a significant role in increasing and maintaining property values in a homeowners association.  Many HOA bylaws contain architectural control restrictions that regulate the appearance of…
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Fair Housing July 1, 2022

Fair Housing Act: Personal Grill in Condo Was Not a Reasonable Accommodation

The Fair Housing Amendments Act (FHAA) require condominium associations to make reasonable accommodations to disabled co-owners under certain circumstances.  However, condominium associations should keep in mind that co-owners are not entitled to every accommodation that is requested.  Rather, co-owners are only entitled to accommodations that are necessary to ameliorate the effects of a disability as was the case in Phillips…
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