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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HOA Deed Restrictions: When is a View “Obstructed”? Lakefront property is often highly desired, and individuals owning these properties often wish to keep their view of the lake undisturbed. In an effort to ensure property owners are able to enjoy their lake view, homeowners associations for lakefront communities often adopt deed restrictions that protect this view and keep it free…
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Short-Term Rentals in MI Condos & HOAs: Supreme Court Deadlocks, Lower Court Rulings Stand Short-term rentals remain popular as the state of Michigan continues to grow as a vacation destination for travelers. Over 131 million people visited Michigan in 2024, and a study commissioned by Airbnb purportedly found that, in 2024, 2 million of those visitors stayed at Airbnb properties,…
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