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 In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of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 In Square Lake Hills Association v Russel Garland and Highlander Group MMC, Inc et al, unpublished opinion of the Court of Appeals, (Docket No. 360405), the Court of Appeals made the following rulings: Mere speculation is insufficient to establish that the…
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February 8, 2024
Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years. Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible. This was largely based on a New Jersy case, Mulligan v. Panther Valley Property…
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November 1, 2023
Introduction Boards of Directors of community associations are often charged with the responsibility of maintaining the capital assets of the corporation and administering the community itself. This responsibility involves difficult decisions regarding the spending and raising of association funds, especially when it comes to capital improvement projects. Recently the Michigan Court of Appeals issued a decision in Walsh v Hawthorn…
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