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 al., unpublished opinion of the Court of Appeals, issued April 22, 2021
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.
The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants.
Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects.