November 19, 2025
The Michigan courts have consistently held that short-term rentals are neither residential nor commercial uses when interpreting restrictive covenants. While numerous cases from the Michigan Court of Appeals hold that short-term rentals violate residential and commercial use deed restrictions, these cases have not addressed whether long-term rentals also violate a residential or commercial use restriction if the restrictive covenants do…
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September 25, 2025
Fair Housing & HOAs: Can an Emotional Support Animal Be Denied if Another Unit Owner Has Allergies? In typical circumstances, each owner in a homeowners association must comply with the restrictions defined in the governing documents. Most governing documents contain some restriction concerning pets, whether it be a restriction on the number of pets that may be kept or an…
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August 6, 2025
Disputes over the interpretation and application of deed restrictions are often challenging for condominium and homeowners associations to navigate. These restrictions can work to prevent future development on land that is inconsistent with its intended use. However, the key to ensuring restrictive covenants are enforceable rests on clear and unambiguous drafting. In A2C2 Pship, LLC v Loch Alpine Improvement Ass’n,…
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June 18, 2025
Disputes over whether fences that violate restrictive covenants are a reasonable accommodation under the Fair Housing Act are often tricky for condominium and homeowners associations to navigate. Requests for fences related to individuals with disabilities are becoming more common, as many HOA bylaws prohibit fences, only allow fences for pools, or limit the type of fence that can be installed…
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December 19, 2024
Holiday displays are a frequent source of contention within community associations, often raising questions about how to regulate them fairly and uniformly. Courts have consistently emphasized that community associations can enforce reasonable restrictions on holiday decorations, provided these rules are neutral, uniformly applied, and focused on objective factors like time, location, and size. For example, in Osborne v Power, 319…
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May 16, 2023
Don’t sweat the small stuff. While it may be a good tip for reducing stress in your life, it is almost certainly not a good tip when it comes to following the governing documents for your condo or HOA. In fact, ensuring that all of the rules are followed—yes, all the small things—may in fact reduce your overall stress by…
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