April 13, 2026
In December 2025, Governor Whitmer signed Senate Bill 23 into law, enacting Public Act 58 of 2025 (“PA 58”), which amends the Michigan Land Division Act (the “LDA”) starting on March 24, 2026, with full implementation by March 24, 2027. Originally passed in 1967, the LDA is the primary state statutory authority that regulates how local governments divide land. Over…
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March 5, 2026
On March 19, 2026, a federal court in Texas ruled that the new FinCEN residential real estate rules were unenforceable. A copy of the opinion can be found here: Flowers Title Companies, LLC v. Bessent et al, (E.D. Tex. 2026). FinCEN has indicated that reporting under the FinCEN rule for residential real estate transactions will not be required while the…
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January 14, 2026
The start of a new year is a natural time to look forward to what the future holds. But before everyone starts focusing on their resolutions, let’s take a moment to look back on what happened in 2025 from a legislative standpoint. This past year saw a number of new statutes that affect condominium associations and homeowners associations in Michigan. …
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October 16, 2025
The 2025 Marketable Record Title Act Amendment: A Guide for Michigan Condos and HOAs Introduction: What is the Marketable Record Title Act? Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has gone through many changes in the last few years. The MRTA, which was initially passed in 1945, is a “title-cleanup” statute that eliminates claims and restrictions…
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February 13, 2025
On July 8, 2024, the Governor signed the Homeowners’ Energy Policy Act, MCL 559.301, et seq. (“HEPA”), which becomes effective on April 1, 2025. The HEPA is intended to limit a homeowners association’s ability to restrict or prohibit an owner from installing solar panels and other energy-saving devices. In addition, the HEPA also requires each homeowners association to adopt a…
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December 9, 2024
On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Specifically, the Court held as follows: Plaintiffs have satisfied all prerequisites for a preliminary injunction. The Court…
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