Michigan Condo & HOA Case Law

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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April 8, 2026

Michigan Court Clarifies HOA Easement and Enforcement Limits

Can a homeowners association prevent a member from using a private subdivision road to access property located outside the subdivision? And what happens when a community association waits too long to challenge an easement that has been recorded for decades? In Carnegie Woods Property Owners Association v Czajka, unpublished per curiam opinion of the Court of Appeals, November 17, 2025…
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March 27, 2026

Michigan Court Limits Developer Rights in Condo Marina Dispute

In condominiums with marinas, disputes often arise over who controls access to shared amenities, such as boat slips, and how those costs are allocated. In many cases, rights to control the marina, access to boat slips, and cost-sharing for marina amenities are disputed. In Harbor Isles Marine, LLC v Estate of Chodock, unpublished opinion of the Court of Appeals, issued…
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November 19, 2025

Michigan Court Rules that Long-Term Rental is a Commercial Use

The Michigan courts have consistently held that short-term rentals are neither residential nor commercial uses when interpreting restrictive covenants.  While numerous cases from the Michigan Court of Appeals hold that short-term rentals violate residential and commercial use deed restrictions, these cases have not addressed whether long-term rentals also violate a residential or commercial use restriction if the restrictive covenants do…
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