Michigan Court of Appeals rules that amendments to HOA Restrictions require unanimous consent.

The Michigan Court of appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): The absence of an amendment provision in the original declaration of restrictions for a subdivision precluded a HOA from later amending its declaration with less than unanimous consent […]

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Can Michigan Condominium Associations Restrict Sex Offenders Within Their Projects?

Condominium Association Boards are often faced with making difficult decisions while governing their condominium projects.  For example, some typical difficult decisions Boards face are whether to raise assessments, whether to pursue a fellow co-owner who fails to comply with the condominium documents, whether to evict a co-owner’s tenants who are being unruly, and whether to pursue a developer for construction […]

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Michigan Court of Appeals rules that Condominium Rules and Regulations cannot supersede the Master Deed and Bylaws

In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Michigan Condominium Association could not create rules and regulations that were inconsistent […]

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Michigan Senate Bill 610: A fix to Section 67 of the Michigan Condominium Act (MCL 559.167) or the creation of a new set of problems?

The intended purpose of MCL 559.167 of the Michigan Condominium Act was to create an end date for developing condominium projects in Michigan and prevent incomplete projects that are not only an eyesore, but also create numerous practical problems for operating a condominium association.  The current version of MCL 559.167 has been in place for almost fifteen (15) years and allows for […]

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Federal Legislative Update for Condominium Associations: Amateur Radio Parity Act, FHA Certification and FEMA

I had the pleasure of attending the Community Association Institute (CAI) Advocacy Summit in Washington, D.C. earlier this week and talking with various legislators and their staff regarding issues that impact Condominium Associations.  Three (3) major federal issues that will impact Condominium Associations and Homeowner Associations are as follows: 1. Amateur Radio Parity Act of 2015 – H.R. 1301 & S. […]

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When and How to Amend Your Michigan Condominium Documents (Part Two: How to Amend)

Part One of this two-part series addressed when an association should amend its Michigan condominium documents.  Part Two addresses the legal and practical considerations of how to amend your Michigan condominium documents. How Does My Association Amend its Condominium Documents? As an initial matter, a Board of Directors typically cannot amend the Articles of Incorporation, the Master Deed or the […]

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