Category: Condo and HOA Cases

Court Rules Condo Association is Entitled to Attorney’s Fees for Bylaw Violations

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, […]

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Do Short-Term Rentals Constitute a Nuisance in Michigan?

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.  Permanent residents in historically residential communities that live next to short-term rentals often experience nuisance issues related to noise, parking, traffic, or trash that interfere […]

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Neighbor Disputes within Homeowners Associations: When should the HOA intervene?

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.  If a violation of the restrictive covenants does not impact all owners, many HOA boards find it difficult to justify spending time and money pursuing a violation of the […]

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HB 5611: Michigan extends deadline to preserve covenants under the Marketable Record Title Act

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.  Fortunately, the Michigan legislature recently amended the Marketable Record Title Act via HB 5611, and extended the time period for a property owner or homeowners association to record a notice to […]

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Who Pays for Maintaining Shared Easements Between Multiple Condominium Associations?

Introduction              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.  In some cases, a developer may create an overarching project and then record a series of subdivision plats or condominium master deeds over years to finalize its development.  In […]

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What are the mandatory Provisions in Condominium Bylaws?

Pursuant to Section 53 of the Michigan Condominium Act, MCL 559.153, the administration of a condominium project must be governed by condominium bylaws that must be recorded as part of the master deed.  The Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) and the Administrative Rules of the Department of Licensing and Regulatory Affairs (“LARA”), R 559.101, et seq., […]

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