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 […]Read more
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 […]Read more
Approximately 25 states have adopted some form of a solar access statute that makes it illegal for condominium bylaws to contain a provision that completely bans the installation of solar panels. There are approximately 15 different states that have adopted solar easement statutes that uphold the validity of contractual easements for solar access. A full list of states that […]Read more
The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that […]Read more
Condominium Associations and Solar Panels: How to handle a Co-Owner request to install a Solar Panel
By: Kevin Hirzel, Esq. and Amber Myers Michigan is working to make alternative energy, such as solar, financially feasible for commercial and industrial property owners. Michigan’s Property Assessed Clean Energy (PACE) financing law, Mich. Comp. Laws § 460.931 (2010), and the Lean and Green Michigan Program allow counties, cities, and townships to form a PACE district wherein commercial and industrial property owners […]Read more
The Future is Now: Is Your Condominium Association Prepared to Handle these 6 Technological Advances?
The last significant revisions to the Michigan Condominium Act took place in 2001 and 2002. While many Michigan condominium associations have amended their governing documents to address the 2001 and 2002 amendments to the Michigan Condominium Act, those amendments often fail to account for the numerous, recent technological advances which have arisen after those revisions. When amending condominium documents, associations […]Read more