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Condominium Document Enforcement

Understanding Easement Rights Between Adjoining Condos: What Hunters Woods Teaches Us Easement disputes between adjoining condominium associations can often lead to complicated and contentious legal battles. This is especially true in phased developments where multiple condominium communities share infrastructure, utilities, or access roads, yet their ownership

Michigan Court Rules that Livestock, Unauthorized Fences, and Off-Road Vehicles Violated HOA’s Restrictive Covenants Disputes over whether exotic animals, such as chickens, can constitute pets under restrictive covenants are becoming increasingly common.  In Nemeth v DiGirolamo, unpublished opinion of the Court of Appeals, issued March 12,

Michigan Court of Appeals Confirms HOA Board’s Right to Hire a Property Manager The Michigan Court of Appeals recently reaffirmed that a homeowners association (HOA) board has the authority to hire a property management company for compensation, even when an HOA’s bylaws state that "agents" must

Michigan Court Rules that Delayed Enforcement of Condo Bylaws for Unauthorized Deck May Create Laches Defense Failing to enforce the condominium bylaws promptly and consistently can negatively affect condominium associations.  In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket

Christmas Lights and Legal Fights: Federal Court Questions Enforcement of HOA’s Holiday Decoration Rules Under the Fair Housing Act Holiday displays are a frequent source of contention within community associations, often raising questions about how to regulate them fairly and uniformly. Courts have consistently emphasized that