A common misconception among delinquent condominium co-owners is that once a condominium lien is recorded against their unit, there is nothing they need to do about it if they do not intend to sell or refinance their property. Unfortunately, this assumption is incorrect and can lead to significant financial consequences. Under the Michigan Condominium Act, unpaid condominium assessments create a…
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Condominium associations in Michigan frequently adopt bylaws and restrictive covenants intended to promote the safety and well-being of their communities. Some condominium and homeowners associations consider restricting occupancy or ownership by individuals with prior criminal convictions. However, federal and state fair housing laws can limit how and whether such restrictions may be imposed. In Lyman v Montclair at Partridge Creek,…
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On March 19, 2026, a federal court in Texas ruled that the new FinCEN residential real estate rules were unenforceable. A copy of the opinion can be found here: Flowers Title Companies, LLC v. Bessent et al, (E.D. Tex. 2026). FinCEN has indicated that reporting under the FinCEN rule for residential real estate transactions will not be required while the…
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Disputes over undeveloped condominium units frequently turn on a narrow statutory question: does former MCL 559.167 apply when a developer fails to designate units as either “must be built” or “need not be built” in the master deed? Because undeveloped units can represent significant retained development value, the answer to that question carries serious financial and governance consequences for condominium…
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What happens when a group of unhappy members tries to take control of a Michigan homeowners association during a contentious meeting? A recent appellate decision provides important guidance on who actually controls the meeting and what authority members do and do not have. The Michigan Nonprofit Corporation Act, MCL 450.2101 et seq., governs most Michigan condominium and homeowners associations…
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Condominium developments in Michigan often include significant infrastructure improvements, including private roads, utilities, and drainage systems. Because these improvements are essential to the use and value of the project, the Michigan Condominium Act requires developers to provide financial security to ensure completion of those improvements. In Hills of Lone Pine Ass’n v Texel Land Co, Inc, 226 Mich App 120;…
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