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Rental Restrictions

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

Kayleigh Long of Hirzel Law, PLC represented the Apache Hills Property Owners Association, Inc. in the short-term rental case in this article. 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

In Cherry Home Association v. Keith Barker, et. al., unpublished opinion of the Court of Appeals, issued October 21, 2021 (Docket No. 354841), the Michigan Court of Appeals upheld the Leelanau County Circuit Court’s ruling that frequent short-term rentals violated the residential use restrictions contained

Kevin Hirzel, Kayleigh Long and Michael McCulloch of Hirzel Law, PLC represented the Cherry Home Association in this case. In Cherry Home Association v. Keith Barker, et. al., the Leelanau County Circuit Court held that several lot owners violated residential use restrictions by engaging in extensive

On May 22, 2020, Governor Whitmer signed Executive Order 2020-100 and extended the ban on short-term rentals and the use of recreational facilities, originally contained in Executive Order 2020-92, until June 12, 2020.   Condominium and HOA Recreational Facilities Executive Order 2020-92 bans activities in places of "public

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