Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk
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
Michigan Court of Appeals Rules that Deed Restrictions Recorded Outside of the Chain of Title are Unenforceable
In Petersen Financial LLC v Twin Creeks LLC, issued November 22, 2016 (Docket No. 329019) (Published Opinion) the Michigan Court of Appeals held that deed restrictions that were not within the chain of title were not enforceable. In 2000, Twin Creeks, LLC owned the complete
Turkey Deep-Fryers in Condominiums: Crispy and Delicious but Bad for You Financially
Introduction Deep fried turkey combines the deliciousness of a well-cooked turkey with the crispiness of deep-fried goodness. Thanksgiving is one of the few opportunities many families have to enjoy a deep-fried turkey because of the time and attention needed to use a deep-fryer, especially one able
Can Clearly Unenforceable Deed Restrictions Create Potential Liability for Your Association?
Earlier this year, Channel 7 WXYZ did an exposé on a Bloomfield Township homeowners association called Wing Lake Farms, which had a 1948 deed restriction that states: Second: That no lot, or any part thereof, shall be sold, conveyed, rented, leased or loaned by either party
Michigan Court Rules that Recreational Use of a Camper Violates Deed Restrictions
In Vansteenhouse v Winslow, issued June 28, 2016 (Docket No. 326224) (Unpublished Opinion) the Michigan Court of Appeals was required to determine whether a property owner violated deed restrictions by having a camper on their property. The deed restrictions indicated, "All lots sold within said