In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community. Normally, when an owner wishes to modify a structure, the owner may petition the association’s ACC for approval. If the owner is denied the requested modification, this can lead to claims
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Michigan Senate Bill 914 (2018) was introduced on March 21, 2018. Senate Bill 914 would amend various sections of the Michigan Condominium Act related to providing electronic notice of amendments to condominium documents, director voting via e-mail and setting more specific standards for co-owner inspections of a condominium association’s books and records. Senate Bill 914 (2018) would amend MCL 559.106,
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In McGue v Glenbrook Beach Association, unpublished opinion of the Court of Appeals, issued March 6, 2018 (Docket No. 337785), the Michigan Court of Appeals upheld the trial court’s dismissal of an owner’s claim against a Michigan Summer Resort Owners Association for failing to maintain the roads in the subdivision according to the township ordinance. In this case, James McGue
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Michigan House Bill 5440 was introduced on January 24, 2018. HB 5540 would prohibit a Michigan homeowner’s association or neighborhood association from prohibiting the display of the United States flag or the state flag of Michigan. HB 5540 provides as follows: Sec. 1. A local unit of government shall not adopt or enforce an ordinance, resolution, rule, or regulation that
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WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the increase in requests for emotional support animals and how Senate Bill 663 would help to curb requests for fake emotional support animals. The interview discusses how requests for emotional support animals can be made under the Fair Housing Act and the Air Carrier Access Act, as emotional support animals are
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As previously discussed in HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits, it is not uncommon for developers to insert anti-lawsuit provisions into condominium documents that later have drastic consequences for Michigan condominium associations. In Sawgrass Ridge Condominium Association v Louis J Alarie, et. al., unpublished opinion of the Court of Appeals, issued January 9, 2018
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Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some
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