May 19, 2025
When you purchase property in a master-planned resort community, it’s easy to assume that all amenities such as yacht clubs, golf courses, or clubhouses are simply part of the package. But what happens when the fine print in your master deed obligates you to become a member of a private club, and then that club changes? That’s exactly what happened…
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April 9, 2024
Introduction Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of restrictive covenants across the…
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January 25, 2024
Introduction Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of restrictive covenants across the…
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February 6, 2023
Owners who live in a condo association or subdivision have agreed to abide by the rules in the master deed and bylaws or declaration of covenants and restrictions. As time goes on, owners may decide to amend their governing documents to reflect the sensibilities and desires of the community. However, some associations struggle with getting enough owners to participate in…
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January 30, 2023
Michigan’s Marketable Record Title Act, MCL 565.101, et seq., has been around since 1945, yet many homeowners associations are unaware of the Michigan Marketable Record Title Act and its potentially devastating impact on their communities. This article will provide a brief background on the Michigan Marketable Record Title Act and its 2018 amendment that opened the door to the possible…
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October 10, 2022
On July 14, 2022, the Michigan Court of Appeals issued a new opinion regarding how restrictive covenants can be terminated in Schwintek, Inc v High Top Buds, LLC, unpublished per curiam opinion of the Court of Appeals, issued July 14, 2022 (Docket No. 357152). In Schwintek, the Court of Appeals examined the process by which restrictive covenants which contain an…
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