Michigan Condo & HOA Case Law

August 1, 2023

Michigan Court of Appeals Holds that Short-Term Rentals Violate Residential Use Restrictions

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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April 21, 2023

Michigan Court Rules Condo Association Did Not Wrongfully Foreclose

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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March 17, 2023

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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January 4, 2023

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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