June 18, 2025
Disputes over whether fences that violate restrictive covenants are a reasonable accommodation under the Fair Housing Act are often tricky for condominium and homeowners associations to navigate. Requests for fences related to individuals with disabilities are becoming more common, as many HOA bylaws prohibit fences, only allow fences for pools, or limit the type of fence that can be installed…
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June 4, 2025
Summer is approaching, and one of the top priorities for Michigan HOAs and condo associations this time of year is opening up their swimming pools. There are many items to check off the list to get your pool ready for the summer: checking for damage, cleaning the pool, testing the water, inspecting the equipment, getting permits, and so on. An…
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May 23, 2025
When buying a condominium in Michigan, one crucial question often arises: Who is responsible for unpaid assessments—the seller or the buyer? Michigan law, specifically MCL 559.211, does provide some protection for buyers, but a recent case from the Michigan Court of Appeals, Holcomb v. Harbour Pointe Condo. Ass’n, makes clear that this protection only goes so far. It does not…
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May 1, 2025
Understanding Easement Rights Between Adjoining Condos: What Hunters Woods Teaches Us Easement disputes between adjoining condominium associations can often lead to complicated and contentious legal battles. This is especially true in phased developments where multiple condominium communities share infrastructure, utilities, or access roads, yet their ownership and use rights may not always be clearly defined. One such case, Hunters Woods…
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April 17, 2025
“[R]estrictions for residence purposes, if clearly established by proper instruments, are favored by definite public policy. The courts have long and vigorously enforced them by specific mandate.” Oosterhouse v Brummel, 343 Mich 283, 287; 72 NW2d 6 (1955). Property owners within community associations across Michigan and the nation are increasingly installing swim spas in their backyards, though often in violation…
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March 20, 2025
On May 12, 2000, the Michigan Court of Appeals issued an important decision in Lakes of the North Association v. Twiga Limited Partnership, clarifying that a Michigan tax foreclosure sale does not cancel the obligation to pay HOA assessments. This case is critical for condominium and homeowners association board members to understand, especially when dealing with delinquent accounts or foreclosed…
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