Board of Directors

August 1, 2023

Michigan Court of Appeals Holds that Short-Term Rentals Violate Residential Use Restrictions

Since 2004, the Michigan Court of Appeals has repeatedly determined that short-term rentals within Michigan communities that are subject to residential, business, and commercial restrictions are prohibited because they are commercial activities that are inconsistent with residential use. Notwithstanding this clear and consistent judicial record, property owners in communities with residential, business, and commercial restrictions who want to engage in…
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July 24, 2023

Is a Michigan Condo or HOA Liable for Criminal Acts of Third-Parties?

Whether there is an increase in violent crime or an increase in reporting and coverage of crime, it seems that our lives are constantly being inundated and interrupted with reports of violent activities.  Your home is your castle, your safe space.  But imagine the worst-case scenario where a crime occurs and that sense of safety is lost.  After dealing with…
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July 19, 2023

Can You Pay Directors and Officers of a Michigan Condominium or Homeowners Association?

It is common for a condominium association’s master deed and bylaws or a homeowners association’s declaration to address compensating board members.  Usually, such a provision will either expressly disallow any compensation or only allow compensation if approved by a specified percentage of the community association’s members.  Apart from the general notion that board members should be made up of volunteers…
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July 12, 2023

Plat Gave Easement Over Park, Not Fee Simple Rights to Owners in Subdivision

Ownership and use of common areas in platted subdivisions is one of the more complicated areas of real estate law and has been the subject of conflicting caselaw in the State of Michigan. In Otto v Batdorfer, unpublished per curiam opinion of the Court of Appeals, issued February 17, 2022 (Docket No. 355936), the Michigan Court of Appeals analyzed this…
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July 6, 2023

Proposed Federal Legislation Aims to Broaden FEMA Disaster Assistance for Community Associations

FEMA is a federal program that assists homeowners and municipalities with recovering from disasters.  FEMA funds are available for restoration of a single family home in the event of a disaster when insurance proceeds are exhausted or the damage was not insured.  FEMA funds may be used for roof repair, HVAC repair, electrical box repair, entry and egress restoration, etc.…
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