In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor of a condominium association and remanded the case back to the Kent County Circuit Court for entry of judgment in favor of an ousted property management company.
Michigan condominium associations and homeowners associations have been struggling with decisions to open swimming pools and other recreational facilities all summer. Many community associations have kept facilities closed for safety and liability reasons. On September 3, 2020, Governor Whitmer signed Executive Order 2020-175
As governors around the country ease stay-at-home restrictions, community association boards are forced to make difficult decisions regarding opening common areas, where once ordinary activities such as going to the gym or swimming pool or throwing a party are now fraught with risk. Managing social
Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886); see also MCL 559.146. In addition, the Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) permits bylaw provisions “[a]s are deemed appropriate for the administration of the condominium project not inconsistent with [the Act] or any other applicable laws.” MCL 559.156(a).
Community associations just wrapped up soliciting, reviewing, negotiating and executing contracts with vendors for a multitude of services to be performed throughout this upcoming year, including landscaping, infrastructure maintenance, repairs and new construction, just to name a few. COVID-19 now is threatening to disrupt those
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On March 11, 2020, the World Health Organization declared the coronavirus outbreak (“COVID-19”) a pandemic. On March 12, 2020, Governor Whitmer ordered all K-12 schools closed through April 6, 2020 and numerous major sports events, concerts, plays and trade shows throughout Michigan have been postponed