Bylaw & Covenant Enforcement June 6, 2022

Home Built in Violation of Restrictive Covenants Must Be Partially Demolished

Building a new home can be an exciting proposition, but it is important to review any declarations, deed restrictions, restrictive covenants, HOA Bylaws and HOA rules before having your plans drafted.  It is common for platted subdivisions with homeowners associations to have some form of building restrictions.  Common building restrictions in platted subdivisions often relate to items such as obtaining…
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Condo & HOA Insurance May 27, 2022

How to Avoid Common Insurance Problems in Your Condominium Bylaws

Condominium insurance for units and common elements within the condominium requires the coordination of two different types of insurance.  The first type of insurance is the master condominium policy purchased by the condominium association, which is also known as a “CGL” or commercial general liability policy.  The second type of insurance is the unit insurance policy purchased by the individual…
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Condo & HOA Legislation May 3, 2022

Everything You Need to Know About the 2022 Amendments to the Michigan Summer Resort and Park Associations Act

Summer resort and park associations are a unique type of community association that have been in existence in Michigan since 1887 but generally have been superseded over the past several decades by homeowners and condominium associations. Notwithstanding the rise of other types of community associations, Michigan summer resort and park associations can still be found, particularly along lake and waterfront…
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Bylaw & Covenant Enforcement April 20, 2022

Restrictive Covenants and Accessory Buildings: Is It Better to Ask Your HOA for Forgiveness or Permission?

In order to create a Michigan nonprofit corporation, such as a condominium or homeowners association, a developer is required to file the articles of incorporation with the Michigan Department of Licensing and Regulatory Affairs (“LARA”). Similar to other community association governing documents, such as declarations, HOA bylaws, or master deeds, changes in technology and the law, such as the 2015…
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Community Association Governance & Meetings April 5, 2022

Does Your Condominium Association or HOA Need to Update its Articles of Incorporation?

In order to create a Michigan nonprofit corporation, such as a condominium or homeowners association, a developer is required to file the articles of incorporation with the Michigan Department of Licensing and Regulatory Affairs (“LARA”). Similar to other community association governing documents, such as declarations, HOA bylaws, or master deeds, changes in technology and the law, such as the 2015…
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Condo & HOA Collections March 18, 2022

What You Need to Know About Lien Priority Under the Michigan Condominium Act

The Michigan Condominium Act provides that sums assessed to a co-owner’s unit constitute a lien on the unit at the time they are assessed.  If condo assessments remain unpaid, condominium associations typically record a notice of lien against the subject unit to perfect the security interest and put others on record notice.  At a minimum of ten days after serving…
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