Condo & HOA Insurance December 1, 2022

Does Your Condo or HOA Need Crime Insurance?

Unfortunately, financial crime has been on the rise in condominium and homeowners associations. Over the past year, there have been numerous reports from around the country of directors, officers, and property managers of community associations embezzling funds. Examples of alleged financial crimes against homeowners associations that have recently been reported in 2022 are as follows: In Florida, several current and…
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Fair Housing November 1, 2022

What Is a HOPA Community? How Can 55+ Condo Associations Avoid Violating The Fair Housing Act?

The Fair Housing Act, 42 USC 3601 et seq. (“FHA”), prohibits discrimination in housing based on an individual’s race, color, religion, sex, familial status, or national origin. Persons protected by the Fair Housing Act based on their familial status include: Someone who is younger than 18 years old and lives with either a parent, a person who has legal custody…
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Bylaw & Covenant Enforcement October 20, 2022

How to Interpret Ambiguous HOA Restrictive Covenants

Cigarette smoking is no longer as prevalent in U.S. society as it once was, and the percentage of adults that smoke has declined significantly over the past fifty years.  According to the American Lung Association, cigarette smoking in the United States has fallen from 42.6% of adults in 1965 to 13.7% of adults in 2018.  Even recent trends suggest that…
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Document Amendments October 10, 2022

Michigan Court Rules Amendment of Restrictive Covenants is Based on Plain Language and Not Reasonableness

On July 14, 2022, the Michigan Court of Appeals issued a new opinion regarding how restrictive covenants can be terminated in Schwintek, Inc v High Top Buds, LLC, unpublished per curiam opinion of the Court of Appeals, issued July 14, 2022 (Docket No. 357152). In Schwintek, the Court of Appeals examined the process by which restrictive covenants which contain an…
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Rules & Regulations October 3, 2022

Smoke Free Condos: How to Ban Smoking Within Your Condominium

Cigarette smoking is no longer as prevalent in U.S. society as it once was, and the percentage of adults that smoke has declined significantly over the past fifty years.  According to the American Lung Association, cigarette smoking in the United States has fallen from 42.6% of adults in 1965 to 13.7% of adults in 2018.  Even recent trends suggest that…
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Animals & Pets September 16, 2022

Can Michigan Condominium Associations Ban Pets?

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
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