January 12, 2018
As previously discussed in HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits, it is not uncommon for developers to insert anti-lawsuit provisions into condominium documents that later have drastic consequences for Michigan condominium associations. In Sawgrass Ridge Condominium Association v Louis J Alarie, et. al., unpublished opinion of the Court of Appeals, issued January 9, 2018…
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January 10, 2018
Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some…
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December 4, 2017
As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30,…
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November 1, 2017
UPDATE: This opinion was subsequently reversed by the Michigan Supreme Court on July 24, 2019 in a 5-2 decision. A copy of the Supreme Court's opinion can be found here.In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated…
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August 2, 2017
Michigan condominium associations are often forced to deal with co-owners who are unfamiliar with condominium living, or in some instances, are not even aware that they live in a condominium that is governed by a master deed, bylaws or rules in regulations. As a result, it is not uncommon for a co-owner to unilaterally make modifications to the general common elements…
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October 6, 2016
The enforcement of parking restrictions is one of the most common problems that condominium associations and property managers are forced to deal with. Parking spaces are often at a premium in densely packed urban areas and issues arise when co-owners fail to park in their designated areas. In contrast, suburban site condominiums with single family homes often face issues related…
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