HB 5611: Michigan extends deadline to preserve covenants under the Marketable Record Title Act

The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants.  Fortunately, the Michigan legislature recently amended the Marketable Record Title Act via HB 5611, and extended the time period for a property owner or homeowners association to record a notice to […]

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Condo Board Members Protected by Qualified Privilege in Co-Owner’s Defamation Claim

               In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals,  Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit Court that dismissed a defamation claim brought by a co-owner against a condominium association, individual board members and the […]

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Michigan Condominium Association found not liable for violating the Fair Housing Act and PWDCRA in request for handrail

In Estate of Romig by Kooman v Boulder Bluff Condominiums Units 73-123, 125-146, Inc, No. 347653, issued October 15, 2020 (Docket Nos. 347653 & 348254), the Michigan Court of Appeals ruled that a condominium association’s alleged denial of a request to install a railing to accommodate a disabled person did not constitute discrimination in a “real estate transaction” under the […]

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Michigan provides immunity defense to community associations for COVID-19 lawsuits

             On October 22, 2020, Governor Whitmer signed HB 6030, which was given immediate effect via 2020 PA 236.  2020 PA 236 will provide Michigan condominium and homeowners associations with an immunity defense if a co-owner, tenant or invitee files a civil lawsuit, alleging a tort claim that arises out of COVID-19. When can a […]

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Michigan Supreme Court invalidates governor’s emergency powers: What does it mean for community associations?

Condominium and homeowners associations in Michigan have been operating under various executive orders since March 10, 2020 in response to the COVID-19 pandemic. On October 2, 2020, in In re Certified Questions From United States Dist Court, W Dist of Michigan, S Div, Docket No. 161492 (Mich, October 2, 2020), the Michigan Supreme Court held that Governor Whitmer lacked the […]

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Executive Order 2020-175: Governor Whitmer enters new executive order on swimming pool and recreational facility restrictions

     Michigan condominium associations and homeowners associations have been struggling with decisions to open swimming pools and other recreational facilities all summer.  Many community associations have kept facilities closed for safety and liability reasons.  On September 3, 2020, Governor Whitmer signed Executive Order 2020-175 and Executive Order 2020-176, which altered the restrictions on swimming pools and recreational facilities that […]

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