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 In Carnegie Woods Property Owners Association v Czajka, unpublished per curiam opinion of the Court of Appeals, November 17, 2025…
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In condominiums with marinas, disputes often arise over who controls access to shared amenities, such as boat slips, and how those costs are allocated. In many cases, rights to control the marina, access to boat slips, and cost-sharing for marina amenities are disputed. In Harbor Isles Marine, LLC v Estate of Chodock, unpublished opinion of the Court of Appeals, issued…
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One reason individuals choose to live in a condominium is the amenities, such as a clubhouse, swimming pool, and tennis court. Condominiums located next to each other frequently share amenities, and issues such as how costs will be shared and who will make maintenance and repair decisions about the amenities are typically addressed in the master deeds or separate maintenance…
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