Can a Michigan homeowners association rely on its liability insurance to cover emotional distress claims tied to enforcement disputes? In many cases, the answer is no. Condominium and homeowner associations routinely rely on liability insurance as a financial safety net when disputes escalate into litigation. Associations often assume that if a lawsuit is filed—particularly one alleging serious harm such as…
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Michigan condominium associations rely on assessments to fund repairs, repay loans, and maintain the community. But what happens when a co-owner refuses to pay and claims prior funds were mismanaged? In Main Street Lofts Condominium Ass’n v Parodi, unpublished per curiam opinion of the Michigan Court of Appeals, issued November 21, 2023 (Docket Nos. 362990, 362991, and 363727), the Michigan…
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Most condominium and homeowners associations rely on deed restrictions that require homeowners to obtain approval before making exterior alterations to their property. These architectural control provisions are designed to preserve neighborhood character and protect property values. Disputes frequently arise when homeowners proceed with improvements without obtaining the required approval. However, a different issue arises when a condominium or homeowners association…
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Michigan Court Limits HOA Liability for Flooding Claims Flooding disputes are among the most fact-intensive and emotionally charged conflicts facing homeowners associations. When water ends up where it should not, the instinct is to find someone to blame: the HOA, a neighboring owner, or a governmental entity. But a recent decision from the Michigan Court of Appeals, Pickthorn v Oakland…
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In December 2025, Governor Whitmer signed Senate Bill 23 into law, enacting Public Act 58 of 2025 (“PA 58”), which amends the Michigan Land Division Act (the “LDA”) starting on March 24, 2026, with full implementation by March 24, 2027. Originally passed in 1967, the LDA is the primary state statutory authority that regulates how local governments divide land. Over…
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Can a homeowners association prevent a member from using a private subdivision road to access property located outside the subdivision? And what happens when a community association waits too long to challenge an easement that has been recorded for decades? In Carnegie Woods Property Owners Association v Czajka, unpublished per curiam opinion of the Court of Appeals, November 17, 2025…
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