Michigan Condo & HOA Case Law

January 4, 2016

Michigan Court of Appeals Rules that Condominium Rules and Regulations Cannot Supersede the Master Deed and Bylaws

In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Michigan Condominium Association could not create rules and regulations that were inconsistent…
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November 14, 2015

Michigan Court of Appeals Rules that Condominium Association is Not Entitled to Notice of Surplus Funds From Foreclosure Sale

In Moon Lake Condominium Association v RBS Citizens, Case No. 323476 (Michigan Court of Appeals, November 12, 2015, unpublished), the Michigan Court of Appeals held that junior lienholders, such as condominium associations, are not entitled to notice that surplus funds were collected from a foreclosure sale after the first mortgage of record was foreclosed on. 
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July 10, 2015

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

In order to avoid the potential for liability, it is important that an association periodically review its bylaws, and its rules and regulations in order to ensure both that its policies are facially neutral, and that the implementation of facially neutral policies does not adversely impact a protected class.
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