October 10, 2022
On July 14, 2022, the Michigan Court of Appeals issued a new opinion regarding how restrictive covenants can be terminated in Schwintek, Inc v High Top Buds, LLC, unpublished per curiam opinion of the Court of Appeals, issued July 14, 2022 (Docket No. 357152). In Schwintek, the Court of Appeals examined the process by which restrictive covenants which contain an…
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August 17, 2022
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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January 2, 2021
The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants.
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July 2, 2019
In Michigan, many condominium documents contain a limitation that a Unit may be used for "residential purposes" only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of property subject to public policy limitations. Kaczynski v. Lindahl, 5 Mich App 377; 146 NW2d 675 (1996). Lately, the…
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January 21, 2019
Introduction Restrictive covenants in Michigan are valuable property rights and have been effectively used to assist in the orderly development of Michigan communities. The rights contained in restrictive covenants are used by developers to implement their community visions and by property owners to protect and enhance the value of their homes. Once adopted these provisions often require unanimous consent to…
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January 4, 2019
On December 31, 2018, SB 671 was enacted into law, via 2018 PA 572, in order to amend the Michigan Marketable Record Title Act. SB 671 was a lame duck bill that may have drastic consequences for Michigan condominiums and homeowners’ associations in the future. Based on the amendment to the Michigan Marketable Record Title Act, in certain circumstances, Michigan…
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