Michigan Court of Appeals Reaffirms that Right to Construct “Need Not Be Built” Units Can Be Lost Under MCL 559.167
MCL 559.167
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Michigan Condo & HOA Case Law
Federal Court Permits Fair Housing Claim to Keep Six Emotional Support Chickens to Proceed to Trial
Has your condominium or homeowners association encountered a request for an emotional support animal under the Fair Housing Act? If not, you are likely to encounter a request in the future as requests for emotional support animals in community associations have been on the rise in recent years. HOAs and condo associations are subject to the Federal Fair Housing Act…
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Court Rules HOA’s Restrictive Covenants Prohibit Short-Term Rentals Even Though Leasing Was Allowed
HOA short-term rental restrictions continue to remain a hot button issue for municipalities, property owners, and homeowners associations in Michigan. During the 2021-2022 legislative session, numerous short-term rental bills, specifically HB 4722, HB 4985, HB 5465, HB 5466, HB 5605, SB 446, and SB 547, were introduced in the Michigan legislature that attempted to define short-term rentals for zoning purposes,…
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Court Rules Co-Owner Violated Condo Bylaws by Failing to Remove Holiday Decorations
Well, it’s that time of year again. Time for the holiday decorations to come out of their various hiding places to be strung across the roof, wound up and around trees, and blown up (by fans) in the front yard. That’s right, it’s time for everyone in the neighborhood to put up their holiday decorations that would give Clark Griswold…
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Michigan Court Rules Amendment of Restrictive Covenants is Based on Plain Language and Not Reasonableness
On July 14, 2022, the Michigan Court of Appeals issued a new opinion regarding how restrictive covenants can be terminated in Schwintek, Inc v High Top Buds, LLC, unpublished per curiam opinion of the Court of Appeals, issued July 14, 2022 (Docket No. 357152). In Schwintek, the Court of Appeals examined the process by which restrictive covenants which contain an…
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Michigan Court Rules Condo Association Has Authority To Waive Assessments in a Settlement Agreement
Michigan court rules condominium boards to have the authority to wave assessments during a settlement agreement.
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