Seasonal Docking Rights in Michigan Subdivisions: Understanding Property Use Restrictions Homeowners associations often adopt deed restrictions that govern the way property can be used within their communities. These restrictions can influence what property owners can place on their land and whether they can construct, replace, or expand on these items. In addition to deed restrictions, local zoning ordinances can…
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Michigan Court of Appeals Clarifies HOA Lake Access: Do You Need a Permit for Seasonal Boat Docks? Introduction For homeowners associations (HOAs) managing lakefront or shared access to Michigan’s inland lakes, one of the most pressing questions is whether installing or operating docks requires state permits. This question is especially relevant for HOAs whose members use seasonal docks for boating…
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HOA Deed Restrictions: When is a View “Obstructed”? Lakefront property is often highly desired, and individuals owning these properties often wish to keep their view of the lake undisturbed. In an effort to ensure property owners are able to enjoy their lake view, homeowners associations for lakefront communities often adopt deed restrictions that protect this view and keep it free…
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Short-Term Rentals in MI Condos & HOAs: Supreme Court Deadlocks, Lower Court Rulings Stand Short-term rentals remain popular as the state of Michigan continues to grow as a vacation destination for travelers. Over 131 million people visited Michigan in 2024, and a study commissioned by Airbnb purportedly found that, in 2024, 2 million of those visitors stayed at Airbnb properties,…
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Disputes over the interpretation and application of deed restrictions are often challenging for condominium and homeowners associations to navigate. These restrictions can work to prevent future development on land that is inconsistent with its intended use. However, the key to ensuring restrictive covenants are enforceable rests on clear and unambiguous drafting. In A2C2 Pship, LLC v Loch Alpine Improvement Ass’n,…
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Timely payment of assessments is essential for Michigan condominium and homeowners associations (HOAs) to fund maintenance, operations, and community services. When co-owners fail to pay assessments on time, many associations impose late fees as an incentive for timely payment and to recover administrative costs. However, the ability to charge late fees, as well as the amount charged, depends entirely on…
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