The 2025 Marketable Record Title Act Amendment: A Guide for Michigan Condos and HOAs Introduction: What is the Marketable Record Title Act? Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has gone through many changes in the last few years. The MRTA, which was initially passed in 1945, is a “title-cleanup” statute that eliminates claims and restrictions…
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Can a Michigan Condominium Association Remove an Aggressive Dog Without Notice? Disputes involving the enforcement of condominium deed restrictions and restrictive covenants can raise serious questions about the rights of individual condo unit owners (formally referred to as co-owners) and how restrictions within condominium governing documents should be interpreted and applied, especially when those restrictions are being used as a…
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Background: What is a Successor Developer? Many mortgage lenders, municipalities, and real estate investors are surprised to learn that they may suddenly be treated as a “successor developer” under Michigan condominium law after simply acquiring ownership of certain units in a condominium project. Under MCL 559.106(2), a “developer” is defined as “a person engaged in the business of developing a…
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Fair Housing & HOAs: Can an Emotional Support Animal Be Denied if Another Unit Owner Has Allergies? In typical circumstances, each owner in a homeowners association must comply with the restrictions defined in the governing documents. Most governing documents contain some restriction concerning pets, whether it be a restriction on the number of pets that may be kept or an…
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Seasonal Docking Rights in Michigan Subdivisions: Understanding Property Use Restrictions Homeowners associations often adopt deed restrictions that govern the way property can be used within their communities. These restrictions can influence what property owners can place on their land and whether they can construct, replace, or expand on these items. In addition to deed restrictions, local zoning ordinances can…
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Michigan Court of Appeals Clarifies HOA Lake Access: Do You Need a Permit for Seasonal Boat Docks? Introduction For homeowners associations (HOAs) managing lakefront or shared access to Michigan’s inland lakes, one of the most pressing questions is whether installing or operating docks requires state permits. This question is especially relevant for HOAs whose members use seasonal docks for boating…
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