Articles published by:

Matthew Heron

Document Amendments• January 21, 2019

Amending Deed Restrictions: Giving Meaning to Successive Terms Without Ignoring Declarant Intent

Introduction Restrictive covenants in Michigan are valuable property rights and have been effectively used to assist in the orderly development of Michigan communities.  The rights contained in restrictive covenants are used by developers to implement their community visions and by property owners to protect and enhance the value of their homes.  Once adopted these provisions often require unanimous consent to…
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Rental & Leasing Restrictions• July 13, 2017

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

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 increase…
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HOA Bylaws• May 10, 2017

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

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 "OTARD…
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Financial Issues, Budgets & Reserves• February 16, 2017

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

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…
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Financial Issues, Budgets & Reserves• January 11, 2017

The VA Home Loan Guaranty – A Valuable Resource for Veterans

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 way…
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