Deed Restrictions

April 23, 2026

Can an HOA Enforce Architectural Rules Without an ACC in Michigan?

Most condominium and homeowners associations rely on deed restrictions that require homeowners to obtain approval before making exterior alterations to their property. These architectural control provisions are designed to preserve neighborhood character and protect property values. Disputes frequently arise when homeowners proceed with improvements without obtaining the required approval. However, a different issue arises when a condominium or homeowners association…
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October 23, 2025

Do Michigan HOAs Have Authority Over Private Parks in Platted Subdivisions?

What Michigan Homeowners’ Associations Should Know About Private Park Ownership Overview The Michigan Court of Appeals recently issued an important opinion for Michigan homeowners’ associations and lake communities across the state. In Sutton v Nakfoor, unpublished per curiam opinion of the Court of Appeals, issued July 11, 2025 (Docket Nos. 372485 and 372489), the Court ruled that when a subdivision…
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October 16, 2025

Michigan Marketable Record Title Act (MRTA): 2025 Changes for Condos and Homeowners Associations

The 2025 Marketable Record Title Act Amendment: A Guide for Michigan Condos and HOAs Introduction: What is the Marketable Record Title Act? Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has gone through many changes in the last few years. The MRTA, which was initially passed in 1945, is a “title-cleanup” statute that eliminates claims and restrictions…
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September 23, 2025

Can Michigan HOA Property Use Restrictions Prevent Docking of Boats?

Seasonal Docking Rights in Michigan Subdivisions: Understanding Property Use Restrictions   Homeowners associations often adopt deed restrictions that govern the way property can be used within their communities. These restrictions can influence what property owners can place on their land and whether they can construct, replace, or expand on these items. In addition to deed restrictions, local zoning ordinances can…
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September 4, 2025

How HOA Deed Restrictions Impact Lakefront Views in Michigan

HOA Deed Restrictions: When is a View “Obstructed”? Lakefront property is often highly desired, and individuals owning these properties often wish to keep their view of the lake undisturbed. In an effort to ensure property owners are able to enjoy their lake view, homeowners associations for lakefront communities often adopt deed restrictions that protect this view and keep it free…
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July 12, 2023

Plat Gave Easement Over Park, Not Fee Simple Rights to Owners in Subdivision

Ownership and use of common areas in platted subdivisions is one of the more complicated areas of real estate law and has been the subject of conflicting caselaw in the State of Michigan. In Otto v Batdorfer, unpublished per curiam opinion of the Court of Appeals, issued February 17, 2022 (Docket No. 355936), the Michigan Court of Appeals analyzed this…
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