Category Archives: Landlord/Tenant

The Impact of Short-Term Rentals on Condominium and Homeowner Associations: To Airbnb or Not to Airbnb?

Many condominium bylaws restrict or otherwise regulate a co-owner’s ability to lease the co-owner’s condominium unit. These restrictions are sometimes imposed as part of an effort to maintain property values, and sometimes to comply with the Federal Housing Administration’s Condominium Project Approval and Processing Guide which requires that at least fifty-one (51) percent of units be owned by owner-occupants. At

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Legal Update: Slip and Fall on the Condominium Premises: Does the Condominium Owe a Statutory Duty to its Co-owners?

What happens if a Co-owner slips and falls on the condominium premises?  Does the Co-owner have a right to sue the Association or its property manager for failing to maintain the common areas in reasonable repair?  Can the Co-owner recover from the Association (i.e. all of the other Co-owners) for damages sustained on the condominium premises?  Can the Association use

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Legal Update: House Bill 4861 (2015): Only Resident Co-owners Would Be Eligible for the Board of Directors

On September 10, 2015, representative Michael McCready introduced House Bill 4861, which would modify the Condominium Act, MCL 559.101, et. seq.  Importantly, the major change to the law would be the addition of the following new Section 52(5): (5) An individual is not eligible to be elected to the Board of Directors by nondeveloper co-owners unless the individual is a

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LEGAL UPDATE: Michigan House Bill No. 4038 Would Allow Eviction Notices By E-mail, Facebook or Other Social Media

On March 18, 2015, the Michigan House of Representatives passed House Bill No. 4038 (the “Bill”), which allows landlords to e-mail eviction notices to tenants or to notify tenants via social media such as Facebook, Twitter, etc. At present, MCL 600.5718 permits service of a “demand for possession” [a/k/a an eviction notice] by personally delivering the written demand to the residence or by

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Condominiums and Renters: Does your Condominium Association need a rental cap?

With the exception of vacation condominiums or condominium hotels, residential condominiums are created with the intention that the co-owners will be owner occupants.  However, the glut of foreclosures that occurred from 2007 to 2012 led many investors to purchase condominium units for rental purposes.  Moreover, the recovery of the housing market has also led many co-owners to move and rent

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