Director and Officer Liability

January 25, 2024

The 2018 Amendment to the Michigan Marketable Record Title Act Goes Into Effect on March 29, 2024: Does Your HOA or Condo Association Need to Record a Notice?

Introduction Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of restrictive covenants across the…
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November 21, 2023

What Every Condo or HOA Needs To Know About Emotional Support Animals

Over the last several years, emotional support animals have been a continuous source of speculation and confusion for many Michigan condo and HOA boards. We all have seen the news stories of individuals attempting to bring animals such as squirrels and even alligators into places of public accommodation under the claim that they are emotional support animals. Many will read…
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July 24, 2023

Is a Michigan Condo or HOA Liable for Criminal Acts of Third-Parties?

Whether there is an increase in violent crime or an increase in reporting and coverage of crime, it seems that our lives are constantly being inundated and interrupted with reports of violent activities.  Your home is your castle, your safe space.  But imagine the worst-case scenario where a crime occurs and that sense of safety is lost.  After dealing with…
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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 In Otto v Batdorfer, unpublished per curiam opinion of the Court of Appeals, issued February 17, 2022 (Docket No. 355936), the Michigan Court of Appeals analyzed this…
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