Failing to enforce the condominium bylaws promptly and consistently can negatively affect condominium associations. In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of timely and consistent bylaw enforcement. Specifically, the Michigan Court of Appeals held laches, which is best…
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On July 8, 2024, the Governor signed the Homeowners’ Energy Policy Act, MCL 559.301, et seq. (“HEPA”), which becomes effective on April 1, 2025. The HEPA is intended to limit a homeowners association’s ability to restrict or prohibit an owner from installing solar panels and other energy-saving devices. In addition, the HEPA also requires each homeowners association to adopt a…
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When a condominium or homeowners association (HOA) in Michigan imposes a new assessment, a common question arises: does the existing lien need to be updated to reflect the new charges? The answer depends on several factors, including the type of assessment and the provisions outlined in the association’s governing documents. In most cases, condominium liens in Michigan cover both past…
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Holiday displays are a frequent source of contention within community associations, often raising questions about how to regulate them fairly and uniformly. Courts have consistently emphasized that community associations can enforce reasonable restrictions on holiday decorations, provided these rules are neutral, uniformly applied, and focused on objective factors like time, location, and size. For example, in Osborne v Power, 319…
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On December 29, 2022, the Michigan Court of Appeals issued an unpublished opinion in the matter of Alexander Queen v Woodbury Green Condominium Association, unpublished per curiam opinion of the Court of Appeals, issued December 29, 2022 (Docket No. 359092) addressing the issue of a prescriptive easement being claimed by a property owner outside of a condominium project over a…
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Common complaints that co-owners have about the condominium’s master deed and bylaws are that they are poorly written, full of legalese, and are difficult to understand. When it comes to the responsibilities of the condominium association and co-owners to maintain, repair, and replace the common elements and the unit, a maintenance matrix be helpful to clearly and simply identify whether…
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