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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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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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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Does Fixing an HOA Violation End a Lawsuit in Michigan? Most condominium and homeowners associations have deed restrictions that govern the process that homeowners must follow to complete exterior alterations to their homes. Condominium and homeowners associations frequently enforce these deed restrictions to preserve neighborhood character and property values. Disputes often arise, however, when homeowners proceed with exterior…
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Condominium associations frequently insure aging common elements, such as clubhouses, recreation centers, maintenance buildings, and other shared facilities, under replacement cost property insurance policies. Condominium and homeowners associations may assume that replacement cost coverage will fully fund rebuilding after a catastrophic loss. However, as Piatt Lake Bible Conference Association v Church Mutual Insurance Co., No. 2:23-CV-73, 2025 WL…
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When “As-Is” Doesn’t Mean “Anything Goes”: Developer Sues County Treasurer for Conveying Nonexistent Condominium Units Governmental entities and condominium and homeowners associations frequently dispose of foreclosed properties to private purchasers or developers through settlement agreements or deeds that include “as-is, without warranty” clauses. These provisions are intended to protect sellers from liability over the property’s physical condition. However, such language…
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