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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August 1, 2023
Since 2004, the Michigan Court of Appeals has repeatedly determined that short-term rentals within Michigan communities that are subject to residential, business, and commercial restrictions are prohibited because they are commercial activities that are inconsistent with residential use. Notwithstanding this clear and consistent judicial record, property owners in communities with residential, business, and commercial restrictions who want to engage in…
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May 16, 2023
Don’t sweat the small stuff. While it may be a good tip for reducing stress in your life, it is almost certainly not a good tip when it comes to following the governing documents for your condo or HOA. In fact, ensuring that all of the rules are followed—yes, all the small things—may in fact reduce your overall stress by…
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April 21, 2023
A necessary component of running a functional condo association is the collection of delinquent maintenance assessments. While many condo associations can yield account resolution through a demand letter and/or recording a lien against the unit, some delinquent accounts may require the initiation of foreclosure, which is provided for by Michigan Condominium Act, MCL 559.101, et seq. Foreclosure can be a…
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April 13, 2023
MCL 559.167
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