Category Archives: Restrictive Covenants

HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines

On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving improvement.” The proposed bill would be extremely problematic for Michigan community association’s for several reasons. First, HB 6304 is problematic as there may

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Mailboxes in Michigan Condominiums and HOAs

In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community.  Normally, when an owner wishes to modify a structure, the owner may petition the association’s ACC for approval.  If the owner is denied the requested modification, this can lead to claims

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WXYZ Detroit interviews Kevin Hirzel on emotional support animals and Senate Bill 663

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the increase in requests for emotional support animals and how Senate Bill 663 would help to curb requests for fake emotional support animals.   The interview discusses how requests for emotional support animals can be made under the Fair Housing Act and the Air Carrier Access Act, as emotional support animals are

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Enforcing Speed Limits in Michigan Condominium and Homeowners Associations

Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some

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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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