3 Essential Policies for Michigan HOAs and Condo Associations The governing documents of a homeowners association identify the rights and restrictions that apply to the members of that association. Governing documents include the master deed and bylaws of a condominium association, and the declaration or deed restrictions. However, these governing documents typically only identify what a member is required to…
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What Michigan Homeowners’ Associations Should Know About Private Park Ownership Overview The Michigan Court of Appeals recently issued an important opinion for Michigan homeowners’ associations and lake communities across the state. In Sutton v Nakfoor, unpublished per curiam opinion of the Court of Appeals, issued July 11, 2025 (Docket Nos. 372485 and 372489), the Court ruled that when a subdivision…
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The 2025 Marketable Record Title Act Amendment: A Guide for Michigan Condos and HOAs Introduction: What is the Marketable Record Title Act? Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has gone through many changes in the last few years. The MRTA, which was initially passed in 1945, is a “title-cleanup” statute that eliminates claims and restrictions…
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Can a Michigan Condominium Association Remove an Aggressive Dog Without Notice? Disputes involving the enforcement of condominium deed restrictions and restrictive covenants can raise serious questions about the rights of individual condo unit owners (formally referred to as co-owners) and how restrictions within condominium governing documents should be interpreted and applied, especially when those restrictions are being used as a…
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Background: What is a Successor Developer? Many mortgage lenders, municipalities, and real estate investors are surprised to learn that they may suddenly be treated as a “successor developer” under Michigan condominium law after simply acquiring ownership of certain units in a condominium project. Under MCL 559.106(2), a “developer” is defined as “a person engaged in the business of developing a…
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Fair Housing & HOAs: Can an Emotional Support Animal Be Denied if Another Unit Owner Has Allergies? In typical circumstances, each owner in a homeowners association must comply with the restrictions defined in the governing documents. Most governing documents contain some restriction concerning pets, whether it be a restriction on the number of pets that may be kept or an…
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