Category Archives: Restrictive Covenants

Should your HOA install license plate cameras?

It is estimated that at least 400,000 neighborhoods throughout the United States have installed automated license plate readers.  Automated license plate readers are high-speed cameras that are mounted on street poles, streetlights, entrances, gatehouses or other areas in which automobiles will enter or exit a condominium or subdivision. Automated license plate readers can be an important safety tool as it

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Common Contract Provisions with Contractors/Vendors in Michigan Condominium Associations and HOAs

Each year, the Board of Directors for Michigan condominium and homeowners associations make a multitude of difficult decisions regarding what work needs to be done within the association, what vendors to hire to perform various tasks, and how long those contracts should exist. Examples of the common contracts that the Board of Directors may execute on a routine basis include:

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Michigan Court of Appeals holds that HOA cannot revoke approvals for docks

In Haan v Lake Doster Lake Association, unpublished opinion of the Court of Appeals, issued January 16, 2020 (Docket No. 345282), the Michigan Court of Appeals held in a 2-1 decision that an Allegan county homeowners association could not revoke approvals granted to owners to install docks.  The majority opinion relied on the terms of a membership application for the

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Does Your Community Association Have a Vaping Problem?

Electronic cigarettes (or “e-cigarettes”) were first introduced into the U.S. market in the mid-2000s (see here) but only recently garnered national attention when e-cigarette smokers began developing mysterious lung injuries, some of which have been fatal (see here). As of July 2019, 8% of Americans reported vaping (smoking an e-cigarette) within the past week, with almost 1 out of every

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Resolving Satellite Dish Location Disputes: Sastin 2, LLC v Hemingway Association, Inc

Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics.  For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure.  The installation and location of

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HB 5260: Exempting Condominiums from the Marketable Record Title Act

As previously discussed in, Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk, the Michigan Marketable Record Title Act, MCL 565.101, eq seq., was amended at the end of 2018, via 2018 PA 572, and may have unforeseen consequences for Michigan condominiums and homeowners associations.  As a result of the 2018 amendment to the Michigan Marketable

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HB 4676: New procedures for removing discriminatory provisions from covenants and master deeds

On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.  42 U.S.C. § 3604 of the Federal Fair Housing Act makes it unlawful to: (c) To make, print, or publish, or cause to be made, printed,

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