Condominium Document Enforcement

November 25, 2025

MCL 559.167: Michigan Court Rules on Unit Reversion

Michigan Court of Appeals Issues Important Opinion Concerning Reversion of Undeveloped Condominium Units to General Common Elements On September 17, 2025, the Michigan Court of Appeals issued an unpublished Opinion in the matter of Charter Twp of Fenton v Fenton Orchards Condo Ass’n, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2025 (Docket No. 370733) addressing…
Read More →
May 1, 2025

Michigan Condo Easement Disputes Between Neighboring Units

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 and use rights may not always be clearly defined. One such case, Hunters Woods…
Read More →
March 18, 2025

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  In Nemeth v DiGirolamo, unpublished opinion of the Court of Appeals, issued March 12, 2025 (Docket No. 366595), 2025 WL 796149, the Michigan Court of Appeals considered whether four cows and a ram constituted “pets” under the deed restrictions. The case also…
Read More →
March 13, 2025

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 serve without compensation. In Neuman v. Long Lake Shores Association, the court clarified that the term “agent” does not extend to third-party vendors hired to assist in…
Read More →
February 20, 2025

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  In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of timely and consistent bylaw enforcement.  Specifically, the Michigan Court of Appeals held laches, which is best…
Read More →
1 2 3 6