Condominium Document Enforcement

January 17, 2023

Are Motorhomes Considered Trailers in HOAs?

Full disclosure, my parents owned a motorhome and would load my sister and me in the motorhome every summer for week- and month-long trips.  I have some great memories from these tips, but I also remember the motorhome sitting on our driveway on the rare occasions we were home.  I’m sure that some of the neighbors were not pleased with…
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January 4, 2023

Court Rules HOA’s Restrictive Covenants Prohibit Short-Term Rentals Even Though Leasing Was Allowed

HOA short-term rental restrictions continue to remain a hot button issue for municipalities, property owners, and homeowners associations in Michigan.  During the 2021-2022 legislative session, numerous short-term rental bills, specifically HB 4722, HB 4985, HB 5465, HB 5466, HB 5605, SB 446, and SB 547, were introduced in the Michigan legislature that attempted to define short-term rentals for zoning purposes,…
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August 17, 2022

Can a Voluntary Homeowners Association Enforce Restrictive Covenants?

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
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April 20, 2022

Restrictive Covenants and Accessory Buildings: Is It Better to Ask Your HOA for Forgiveness or Permission?

In order to create a Michigan nonprofit corporation, such as a condominium or homeowners association, a developer is required to file the articles of incorporation with the Michigan Department of Licensing and Regulatory Affairs (“LARA”). Similar to other community association governing documents, such as declarations, HOA bylaws, or master deeds, changes in technology and the law, such as the 2015…
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