Three Essential Things Michigan Condominium Board Members Must Know Before Adopting Rules and Regulations One of the most powerful tools available to a board of directors of a community association in administering their community is the use of rules and regulations. Boards use rules and regulations to respond quickly to issues and help fill in gaps in governing documents; effective…
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When “As-Is” Doesn’t Mean “Anything Goes”: Developer Sues County Treasurer for Conveying Nonexistent Condominium Units Governmental entities and condominium and homeowners associations frequently dispose of foreclosed properties to private purchasers or developers through settlement agreements or deeds that include “as-is, without warranty” clauses. These provisions are intended to protect sellers from liability over the property’s physical condition. However, such language…
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3 Essential Policies for Michigan HOAs and Condo Associations The governing documents of a homeowners association identify the rights and restrictions that apply to the members of that association. Governing documents include the master deed and bylaws of a condominium association, and the declaration or deed restrictions. However, these governing documents typically only identify what a member is required to…
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What Michigan Homeowners’ Associations Should Know About Private Park Ownership Overview The Michigan Court of Appeals recently issued an important opinion for Michigan homeowners’ associations and lake communities across the state. In Sutton v Nakfoor, unpublished per curiam opinion of the Court of Appeals, issued July 11, 2025 (Docket Nos. 372485 and 372489), the Court ruled that when a subdivision…
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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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