January 25, 2024
Introduction Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of restrictive covenants across the…
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July 12, 2023
Ownership and use of common areas in platted subdivisions is one of the more complicated areas of real estate law and has been the subject of conflicting caselaw in the State of Michigan. In Otto v Batdorfer, unpublished per curiam opinion of the Court of Appeals, issued February 17, 2022 (Docket No. 355936), the Michigan Court of Appeals analyzed this…
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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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December 14, 2020
The Condominium Association took a risk when its new board members decided to cancel its property management contract on the basis of a purported breach by Vista. As noted by the Michigan Court of Appeals,
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October 20, 2020
If your association is considering creating a social media account or already has one running, we recommend consulting with your community association attorney to help you strengthen your governing documents and adopt an enforceable social media policy that fosters a positive environment within your community.
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October 5, 2020
Given that a new framework, based upon rules imposed by different state agencies, counties and municipalities, will replace the governor’s executive orders, community associations should contact their attorney to review and update any rules that were based on the governor’s executive orders to ensure that the most current legal requirements are being followed.
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