Category Archives: FHA

Hoverboards: Addressing Their Risks for Condominium and Homeowner Associations

Introduction Two-wheeled personal mobility devices, or hoverboards, were the ubiquitous holiday gift in 2015.  Small, new and exciting, these contraptions quickly shot to the top of the wish list for many individuals, even those not technologically savvy.  Once the wrapping paper was cleared, however, hoverboards were revealed to present very real risks of danger.  In fact, one popular video showed

Read more

Legal Update: Recent Statutory Changes Impacting Service Animals in Michigan

(The image on this post was linked from http://www.pawsitivityservicedogs.com) On October 20, 2015, Governor Rick Snyder signed into law Senate Bills 298 and 299 and House Bills 4521 and 4527, which became effective January 18, 2016. The Bills updated rules on the use of service animals in places of public accommodation, as well as, the identification and licensing of service animals

Read more

Quick Update: Proposed Changes to FHA Condominium Project Approval Process

According to Community Associations Institute (“CAI”), a leading national community association organization, the U.S. House of Representatives will vote today on important changes to the Federal Housing Administration’s (“FHA”) condominium project approval process.  The changes to the FHA condominium project approval process are included in H.R. 3700, the “Housing Opportunity Through Modernization Act”, bipartisan legislation authored by Rep. Blaine Luetkemeyer (R-MO)

Read more

Federal Legislative Update for Condominium Associations: Amateur Radio Parity Act, FHA Certification and FEMA

I had the pleasure of attending the Community Association Institute (CAI) Advocacy Summit in Washington, D.C. earlier this week and talking with various legislators and their staff regarding issues that impact Condominium Associations.  Three (3) major federal issues that will impact Condominium Associations and Homeowner Associations are as follows: 1. Amateur Radio Parity Act of 2015 – H.R. 1301 & S.

Read more

Does the Board of Directors of a Michigan Condominium Association or HOA have a duty to enforce the Master Deed, Bylaws or other restrictive covenants as written?

In Michigan, the terms of a master deed, bylaws or other restrictive covenants are contractual in nature. See Rossow v. Brentwood Farms Dev, Inc, 251 Mich App 652, 658, 651 NW2d 458 (2002). The Michigan Courts have generally held that a master deed, bylaws or other restrictive covenants are to be enforced as written.  Specifically, …a breach of a covenant,

Read more

TEXAS DEP’T OF HOUSING AND COMMUNITY AFFAIRS V. INCLUSIVE COMMUNITIES PROJECT: FACIALLY NEUTRAL BYLAWS AND RULES AND REGULATIONS MAY SUBJECT AN ASSOCIATION TO LIABILITY UNDER THE FAIR HOUSING ACT

On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations throughout the country, including in Michigan. In a surprise to many court observers, the Supreme Court endorsed the disparate impact theory of liability under the federal Fair Housing Act,

Read more

MARIJUANA IN CONDOMINIUMS: NUISANCE AND LEGAL CONSEQUENCES

Until recently, many co-owners were concerned about secondhand smoke issues relating to tobacco products in the condominium project and how to limit its impact and/or eliminate the smoke entirely.  However, attitudes regarding the acceptable use of marijuana are changing.  More co-owners are becoming concerned with marijuana use within their condominium project and considering whether reasonable restrictions are appropriate.   The

Read more
« Older Entries Recent Entries »