Michigan Condo & HOA Case Law

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 In Carnegie Woods Property Owners Association v Czajka, unpublished per curiam opinion of the Court of Appeals, November 17, 2025…
Read More →
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 In Harbor Isles Marine, LLC v Estate of Chodock, unpublished opinion of the Court of Appeals, issued…
Read More →
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…
Read More →
March 20, 2025

Michigan Court Confirms: Tax Foreclosure Sale Does Not Eliminate Obligation to Pay HOA Assessments

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…
Read More →
March 18, 2025

Michigan Court Rules that Livestock, Unauthorized Fences, and Off-Road Vehicles Violated HOA’s Restrictive Covenants

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  In Nemeth v DiGirolamo, unpublished opinion of the Court of Appeals, issued March 12, 2025 (Docket No. 366595), 2025 WL 796149, the Michigan Court of Appeals considered whether four cows and a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…
Read More →