Maintenance Repairs & Common Elements

April 16, 2026

When Are Michigan HOAs Liable for Flooding and Drainage Problems

Michigan Court Limits HOA Liability for Flooding Claims Flooding disputes are among the most fact-intensive and emotionally charged conflicts facing homeowners associations. When water ends up where it should not, the instinct is to find someone to blame: the HOA, a neighboring owner, or a governmental entity. But a recent decision from the Michigan Court of Appeals, Pickthorn v Oakland…
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March 25, 2026

Michigan Condo Case Upholds Cost-Sharing Agreement for Shared Amenities

 One reason individuals choose to live in a condominium is the amenities, such as a clubhouse, swimming pool, and tennis court. Condominiums located next to each other frequently share amenities, and issues such as how costs will be shared and who will make maintenance and repair decisions about the amenities are typically addressed in the master deeds or separate maintenance…
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October 23, 2025

Do Michigan HOAs Have Authority Over Private Parks in Platted Subdivisions?

What Michigan Homeowners’ Associations Should Know About Private Park Ownership Overview The Michigan Court of Appeals recently issued an important opinion for Michigan homeowners’ associations and lake communities across the state. In Sutton v Nakfoor, unpublished per curiam opinion of the Court of Appeals, issued July 11, 2025 (Docket Nos. 372485 and 372489), the Court ruled that when a subdivision…
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September 16, 2025

When Do Lakefront Homeowners Associations Need Permits for Seasonal Boat Docks?

Michigan Court of Appeals Clarifies HOA Lake Access: Do You Need a Permit for Seasonal Boat Docks? Introduction For homeowners associations (HOAs) managing lakefront or shared access to Michigan’s inland lakes, one of the most pressing questions is whether installing or operating docks requires state permits. This question is especially relevant for HOAs whose members use seasonal docks for boating…
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May 1, 2025

Michigan Condo Easement Disputes Between Neighboring Units

Understanding Easement Rights Between Adjoining Condos: What Hunters Woods Teaches Us Easement disputes between adjoining condominium associations can often lead to complicated and contentious legal battles. This is especially true in phased developments where multiple condominium communities share infrastructure, utilities, or access roads, yet their ownership and use rights may not always be clearly defined. One such case, Hunters Woods…
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December 17, 2024

Prescriptive Easements and Use of Common Elements by Adjoining Property Owners

On December 29, 2022, the Michigan Court of Appeals issued an unpublished opinion in the matter of Alexander Queen v Woodbury Green Condominium Association, unpublished per curiam opinion of the Court of Appeals, issued December 29, 2022 (Docket No. 359092) addressing the issue of a prescriptive easement being claimed by a property owner outside of a condominium project over a…
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