In Residents of Fresh Air Park Sub v Pointe Rosa Homeowners Assoc, unpublished per curiam opinion of the Court of Appeals, issued September 22, 2021 (Docket No. 355011), the Michigan Court of Appeals dealt with a situation where adjoining property owners sued a homeowners
It is not uncommon for condominiums and homeowners associations that are located within close proximity to each other to be part of a master homeowners association. Community associations that share and utilize certain property and resources generally are organized in one of two frameworks: (1)
Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Charles E. Phyle Restated Revocable Trust
In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No.
One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents. The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act.” In most cases, the condominium bylaws will also contain a provision that mirrors MCL 559.165 and requires compliance with governing documents. However, it is not uncommon for co-owners to violate the condominium bylaws, either due to ignorance, misinterpretation of the condominium documents or willful noncompliance. Accordingly, at some point in time, the board of directors is likely going to be required to take action to enforce the condominium bylaws.
Issues associated with short-term rentals are a major problem facing many Michigan homeowners associations. It is not uncommon for issues to arise between homeowners that use their property for short-term rental purposes and permanent residents.
Disputes between neighbors in a homeowners association inevitably arise. HOA board members often face difficult decisions in deciding whether to intervene in neighbor disputes that do not directly involve the HOA.