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Bylaws

Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Free Speech, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Property Managers

Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886); see also MCL 559.146. In addition, the Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) permits bylaw provisions “[a]s are deemed appropriate for the administration of the condominium project not inconsistent with [the Act] or any other applicable laws.” MCL 559.156(a).

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Bylaws, Condominium Document Enforcement, Deed Restrictions, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Restrictive Covenants

UPDATE: On May 7, 2020, Governor Whitmer signed Executive Order 2020-77, which extended the ban on short-term vacation rentals in Executive Order 2020-59 until May 28, 2020. On April 24, 2020, Governor Whitmer signed Executive Order 2020-59, which extended the stay-at-home requirements that were originally contained

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Bylaws, Condominium Document Enforcement, Deed Restrictions, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Restrictive Covenants

On April 9, 2020, Governor Whitmer signed Executive Order 2020-42, which extended the stay-at-home requirements that were originally contained in Executive Order 2020-21 until April 30, 2020.  In addition to extending the stay-at-home requirements, Executive Order 2020-42 also implemented additional restrictions on short-term rentals.  Specifically,

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Board of Directors, Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer

It is important that Michigan condominium associations are proactive in protecting the health and safety of the co-owners during the coronavirus pandemic.  As previously noted by the Michigan Court of Appeals: Inherent in the condominium concept is the principle that to promote the health, happiness, and

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Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Site Condominium

In DeCaminada v Hammond, unpublished opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 345847), the Michigan Court of Appeals ruled that the co-owners of a site condominium unit who constructed a larger home, after losing their home in a fire, had

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Articles of Incorporation, Board of Directors, Bylaws, Elections and Voting, Maintenance, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Michigan Nonprofit Corporation Act, Property Managers, Technology

On March 11, 2020, the World Health Organization declared the coronavirus outbreak (“COVID-19”) a pandemic. On March 12, 2020, Governor Whitmer ordered all K-12 schools closed through April 6, 2020 and numerous major sports events, concerts, plays and trade shows throughout Michigan have been postponed

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