Fair Housing March 17, 2023

Federal Court Permits Fair Housing Claim to Keep Six Emotional Support Chickens to Proceed to Trial

Has your condominium or homeowners association encountered a request for an emotional support animal under the Fair Housing Act?  If not, you are likely to encounter a request in the future as requests for emotional support animals in community associations have been on the rise in recent years.  HOAs and condo associations are subject to the Federal Fair Housing Act…
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Document Amendments February 6, 2023

New Michigan Law Makes It Easier for Homeowners Associations to Remove Racially Restrictive Covenants

Owners who live in a condo association or subdivision have agreed to abide by the rules in the master deed and bylaws or declaration of covenants and restrictions.  As time goes on, owners may decide to amend their governing documents to reflect the sensibilities and desires of the community.  However, some associations struggle with getting enough owners to participate in…
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Document Amendments January 30, 2023

Recent Amendments to The Michigan Marketable Record Title Act and How to Avoid the Extinguishment of Restrictive Covenants

Michigan’s Marketable Record Title Act, MCL 565.101, et seq., has been around since 1945, yet many homeowners associations are unaware of the Michigan Marketable Record Title Act and its potentially devastating impact on their communities. This article will provide a brief background on the Michigan Marketable Record Title Act and its 2018 amendment that opened the door to the possible…
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Bylaw & Covenant Enforcement January 17, 2023

Are Motorhomes Considered Trailers in HOAs?

Full disclosure, my parents owned a motorhome and would load my sister and me in the motorhome every summer for week- and month-long trips.  I have some great memories from these tips, but I also remember the motorhome sitting on our driveway on the rare occasions we were home.  I’m sure that some of the neighbors were not pleased with…
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Michigan Condo & HOA Case Law January 4, 2023

Court Rules HOA’s Restrictive Covenants Prohibit Short-Term Rentals Even Though Leasing Was Allowed

HOA short-term rental restrictions continue to remain a hot button issue for municipalities, property owners, and homeowners associations in Michigan.  During the 2021-2022 legislative session, numerous short-term rental bills, specifically HB 4722, HB 4985, HB 5465, HB 5466, HB 5605, SB 446, and SB 547, were introduced in the Michigan legislature that attempted to define short-term rentals for zoning purposes,…
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