March 20, 2025
On May 12, 2000, the Michigan Court of Appeals issued an important decision in Lakes of the North Association v. Twiga Limited Partnership, clarifying that a Michigan tax foreclosure sale does not cancel the obligation to pay HOA assessments. This case is critical for condominium and homeowners association board members to understand, especially when dealing with delinquent accounts or foreclosed…
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March 18, 2025
Disputes over whether exotic animals, such as chickens, can constitute pets under restrictive covenants are becoming increasingly common. In Nemeth v DiGirolamo, unpublished opinion of the Court of Appeals, issued March 12, 2025 (Docket No. 366595), 2025 WL 796149, the Michigan Court of Appeals considered whether four cows and a ram constituted “pets” under the deed restrictions. The case also…
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March 13, 2025
The Michigan Court of Appeals recently reaffirmed that a homeowners association (HOA) board has the authority to hire a property management company for compensation, even when an HOA’s bylaws state that “agents” must serve without compensation. In Neuman v. Long Lake Shores Association, the court clarified that the term “agent” does not extend to third-party vendors hired to assist in…
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February 20, 2025
Failing to enforce the condominium bylaws promptly and consistently can negatively affect condominium associations. In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of timely and consistent bylaw enforcement. Specifically, the Michigan Court of Appeals held laches, which is best…
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August 13, 2024
Condominium Association’s Legal Duty to Co-Owners: Key Takeaways from Janini v. London Townhouses Recently, the Michigan Supreme Court decided the case of Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), concluding that a co-owner of a condominium unit is an invitee under Michigan law if that person enters the common elements of the condominium, and…
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February 28, 2024
On March 23, 2023, the Michigan Court of Appeals decided several important issues in favor of Michigan condominium associations. In Square Lake Hills Association v Russel Garland and Highlander Group MMC, Inc et al, unpublished opinion of the Court of Appeals, (Docket No. 360405), the Court of Appeals made the following rulings: Mere speculation is insufficient to establish that the…
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