Can an Association Limit Your Right to Bear Arms?

Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886); […]

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COVID-19: How Should Condos and HOA's handle meetings?

On March 11, 2020, the World Health Organization declared the coronavirus outbreak (“COVID-19”) a pandemic. On March 12, 2020, Governor Whitmer ordered all K-12 schools closed through April 6, 2020 and numerous major sports events, concerts, plays and trade shows throughout Michigan have been postponed or cancelled altogether. As COVID-19 becomes more widespread, community associations are asking how this pandemic […]

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US District Court Rules that Prior Recorded Condominium Lien takes Priority Over Federal Tax Lien to the Extent of the Amount Stated in the Lien Notice

In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017), the United States District Court for the Eastern District of Michigan held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice. Facts The case involves a condominium unit […]

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MCL 559.233: Eminent Domain Issues in Michigan Condominiums

Eminent domain, also known as condemnation, or simply, taking, is the long-established government practice of converting private property for public use.  It applies to all property, including units and common areas owned through a community association such as condominium or homeowners’ associations.   Historical Use The government’s use of eminent domain began in the late 1800’s as a mechanism to develop […]

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MCL 559.201 AND MICH ADMIN R 559.511: IS YOUR RESERVE FUND UNDERFUNDED?

Introduction In Michigan, the laws related to the governance of the formation and operation of condominium projects are found in the Michigan Condominium Act (the “Act”), MCL 559.101, et seq. MCL 559.205 of the Act requires a condominium association to maintain a “reserve fund,” to be set aside for major repair and replacement of the common elements. MCL 559.205 provides: […]

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How to Avoid Construction Liens in Michigan Condominium Projects

Condominium associations hire contractors for capital improvements, repairs and for restoration work to the general and limited common elements, if appropriate. When a condominium association hires a contractor to provide labor, services or materials to the condominium and then fails to make payment for any reason, the contractor may record a construction lien against the condominium unit(s) in the condominium […]

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