Category Archives: Restrictive Covenants

Should your Community Association have a Holiday Party?

Introduction With Christmas just around the corner, many community associations are currently planning parties to celebrate the holiday season. Holiday parties are a great way to bring the community together and converse with your neighbors. These parties frequently involve the catering of food and alcohol as well as live entertainment which helps foster community participation. While holiday parties are generally

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Michigan Court of Appeals affirms Short-Term Rental Ban in Restrictive Covenant

As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30,

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MCL 450.835a: Electronic Signatures can now be used to amend Restrictive Covenants

MCL 450.835a was enacted into law on March 21, 2017, and provides as follows: 450.835a Amending, reaffirming, or repealing restrictive covenant by electronic signature. Sec. 5a. If restrictive covenants apply to more than 250 lots or parcels of real property in a single development and the law of this state allows the owners of the real property to amend, reaffirm,

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Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban

Short-term rental websites such as AirBNB, Booking.com, FlipKey, HomeAway, Homestay, House Trip, Roomorama, Tripping.com, Trivago, VBRO and VayStays have become an increasing concern for Michigan condominium and homeowner’s associations that are populated by full time residents. The rise of short-term rental websites has led owners and investors to seek out extra income by renting their property on a nightly basis.

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Prohibiting and Handling “Dangerous Animals” in an Association

Pet restrictions are a perennial topic of interest in Michigan and consistently one of the most discussed, debated and reviewed provisions in the condominium bylaws.  For example, some condominium bylaws prohibit “dangerous animals” from being brought to the condominium or kept on the condominium premises.  A sample provision may look like this: No dangerous animal shall be brought to or

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HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations

            Tourism is a major part of the Michigan economy and its significance continues to grow.  From 2010 through 2014 tourism employment growth even outpaced overall state employment growth.  Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate has increased over the prior year’s occupancy rate for every month, except for two.  This growth has seen an

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Court rules that Michigan HOA cannot collect assessments after restrictive covenant expires

In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant expired. In Deghetto, the plaintiffs were the owners of multiple lots in six separate subdivisions in Highland Township, Michigan

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