Rules and Regulations

December 19, 2024

Christmas Lights and Legal Fights: Federal Court Questions Enforcement of HOA’s Holiday Decoration Rules Under the Fair Housing Act

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…
Read More →
December 12, 2024

Should Your Condominium Association Have A Maintenance Matrix?

Common complaints that co-owners have about the condominium’s master deed and bylaws are that they are poorly written, full of legalese, and are difficult to understand.  When it comes to the responsibilities of the condominium association and co-owners to maintain, repair, and replace the common elements and the unit, a maintenance matrix be helpful to clearly and simply identify whether…
Read More →
January 30, 2023

Recent Amendments to The Michigan Marketable Record Title Act and How to Avoid the Extinguishment of Restrictive Covenants

Michigan’s Marketable Record Title Act, MCL 565.101, et seq., has been around since 1945, yet many homeowners associations are unaware of the Michigan Marketable Record Title Act and its potentially devastating impact on their communities. This article will provide a brief background on the Michigan Marketable Record Title Act and its 2018 amendment that opened the door to the possible…
Read More →
January 17, 2023

Are Motorhomes Considered Trailers in HOAs?

Full disclosure, my parents owned a motorhome and would load my sister and me in the motorhome every summer for week- and month-long trips.  I have some great memories from these tips, but I also remember the motorhome sitting on our driveway on the rare occasions we were home.  I’m sure that some of the neighbors were not pleased with…
Read More →