February 2025

Board of Directors February 20, 2025

Michigan Court Rules that Delayed Enforcement of Condo Bylaws for Unauthorized Deck May Create Laches Defense

Failing to enforce the condominium bylaws promptly and consistently can negatively affect condominium associations.  In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of timely and consistent bylaw enforcement.  Specifically, the Michigan Court of Appeals held laches, which is best…
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Condo & HOA Legislation February 13, 2025

Michigan Homeowners’ Energy Policy Act Takes Effect April 1, 2025:  Does Your HOA Have a Solar Energy Policy?

On July 8, 2024, the Governor signed the Homeowners’ Energy Policy Act, MCL 559.301, et seq. (“HEPA”), which becomes effective on April 1, 2025.  The HEPA is intended to limit a homeowners association’s ability to restrict or prohibit an owner from installing solar panels and other energy-saving devices.  In addition, the HEPA also requires each homeowners association to adopt a…
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