On December 29, 2022, the Michigan Court of Appeals issued an unpublished opinion in the matter of Alexander Queen v Woodbury Green Condominium Association, unpublished per curiam opinion of the Court of Appeals, issued December 29, 2022 (Docket No. 359092) addressing the issue of a prescriptive easement being claimed by a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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On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Specifically, the Court held as follows: Plaintiffs have satisfied all prerequisites for a preliminary injunction. The Court…
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The Corporate Transparency Act (“CTA”) has been a significant concern for community associations in 2024. The CTA requires corporate entities, including many condominium and homeowners associations, to report personal information for individuals exercising substantial control of these entities by the end of 2025. Individuals that qualify as beneficial owners under the Corporate Transparency Act would need to report names, dates…
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The Fair Housing Act (the “FHA”) prohibits housing discrimination because of an individual’s race, color, religion, sex (which includes both gender identity and sexual orientation), disability, familial status, or national origin. The most obvious form of housing discrimination is an action, omission, or policy that is intended to discriminate on the basis of one of these protected classes; however, after…
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Election seasons these days never seem to end, with dozens of national, state, and local races and issues up for consideration in any given year and new campaigns that begin as soon as an election cycle ends. With all these races and protracted campaigns comes a proliferation of political signs in yards and homes in Michigan condos and HOAs. While…
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