Author Archives: Matthew Heron

Resolving Satellite Dish Location Disputes: Sastin 2, LLC v Hemingway Association, Inc

Posted on by

Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics.  For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure.  The installation and location of

Read more

HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations

Posted on by

            Tourism is a major part of the Michigan economy and its significance continues to grow.  From 2010 through 2014 tourism employment growth even outpaced overall state employment growth.  Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate has increased over the prior year’s occupancy rate for every month, except for two.  This growth has seen an

Read more

PREEMPTION! The FCC’s Adoption of the OTARD Rules and their Application to Condominium and Homeowners Associations

Posted on by

            In Section 207 of the Telecommunications Act of 1996 (the “Act”), Congress directed the Federal Communications Commission (“FCC”) to adopt rules concerning Over-the-Air Reception Devices (“OTARD”) in order to provide limitations and guidance on governmental and non-governmental restrictions on viewers’ ability to receive certain over the air telecommunications.  In October 1996 the FCC adopted 47 CFR § 1.4000 (the

Read more

Paris Meadows, LLC v City of Kentwood: Objecting to the Taxation of Common Elements

Posted on by

Introduction In Michigan the question of whether the common elements of a condominium are taxable appears to be well-settled.  In Paris Meadows, LLC v City of Kentwood, 287 Mich App 136; 783 NW2d 133 (2010), the Michigan Court of Appeals held that pursuant to Section 131 of the Michigan Condominium Act, MCL 559.231, property taxes may only be assessed against

Read more

IRS Revenue Ruling 70-604 and MCL 450.2541(2)(b): The Value of Expert Advice

Posted on by

Many individuals and corporations, including community associations, are currently preparing their tax returns.  For associations with excess revenue this process most likely involves a determination of whether to exercise an election under IRS Revenue Ruling 70-604.  A proper election under Revenue Ruling 70-604 can be used to reduce an association’s taxable income by deducting from taxable income any excess assessments

Read more

The VA Home Loan Guaranty – A Valuable Resource for Veterans

Posted on by

Introduction A home loan through the Loan Guaranty program of the Department of Veterans Affairs (“VA”) presents a real opportunity for U.S. veterans to purchase a home when they may otherwise not be able to do so.  Benefits to a VA loan include lower interest rates, more flexible underwriting requirements, no down payment, and increased purchasing power.  One potentially under-utilized

Read more

Turkey Deep-Fryers in Condominiums: Crispy and Delicious but Bad for You Financially

Posted on by

Introduction Deep fried turkey combines the deliciousness of a well-cooked turkey with the crispiness of deep-fried goodness.  Thanksgiving is one of the few opportunities many families have to enjoy a deep-fried turkey because of the time and attention needed to use a deep-fryer, especially one able to handle a ten pound turkey.  What can go wrong? Thanksgiving is the peak

Read more
« Older Entries