Executive Order 2020-175: Governor Whitmer enters new executive order on swimming pool and recreational facility restrictions

     Michigan condominium associations and homeowners associations have been struggling with decisions to open swimming pools and other recreational facilities all summer.  Many community associations have kept facilities closed for safety and liability reasons.  On September 3, 2020, Governor Whitmer signed Executive Order 2020-175 and Executive Order 2020-176, which altered the restrictions on swimming pools and recreational facilities that […]

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MCL 559.152: When do the co-owners elect directors after developer control?

Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control.  In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely exit the condominium.  However, the […]

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Executive Order 2020-115: Michigan relaxes restrictions on recreational facilities and pools

If your Condo or HOA has a fitness center, gym, pool or other recreational facilities, you should read this article to learn more about the additional safety requirements imposed by Executive Order 2020-114 and Executive Order 2020-115.

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CBD Oil: Does it violate the prohibition on illegal activity in your condominium bylaws?

Michigan is one of the most progressive states when it comes to decriminalizing marijuana use for medicinal and recreational purposes.  Accordingly, it should be no surprise that cannabidiol (“CBD”) oil is becoming commonplace on supermarket shelves and in other retailers in Michigan.  As discussed in Recreational Marijuana: How will it impact Michigan Condominium Associations, marijuana is still illegal under federal […]

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Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney's fees for defending a lawsuit

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit.  The court further held that the condominium bylaws were enforceable […]

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