HOA Bylaws

January 10, 2018

Enforcing Speed Limits in Michigan Condominium and Homeowners Associations

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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May 10, 2017

PREEMPTION! The FCC’s Adoption of the OTARD Rules and Their Application to Condominium and Homeowners Associations

In Section 207 of the Telecommunications Act of 1996 (the “Act”), Congress directed the Federal Communications Commission (“FCC”) to adopt rules concerning Over-the-Air Reception Devices (“OTARD”) in order to provide limitations and guidance on governmental and non-governmental restrictions on viewers’ ability to receive certain over the air telecommunications.  In October 1996 the FCC adopted 47 CFR § 1.4000 (the "OTARD…
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March 8, 2017

What Happens When Condominium Documents Conflict?

When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores…
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January 19, 2017

Is it Time to Revisit Restrictions on Home-Based Businesses in Condominium Associations?

What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses.  With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S. businesses are based out of an owner’s home[1].  In addition, with technological advances, many tasks…
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