In December 2025, Governor Whitmer signed Senate Bill 23 into law, enacting Public Act 58 of 2025 (“PA 58”), which amends the Michigan Land Division Act (the “LDA”) starting on March 24, 2026, with full implementation by March 24, 2027. Originally passed in 1967, the LDA is the primary state statutory authority that regulates how local governments divide land. Over…
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Condominium developments in Michigan often include significant infrastructure improvements, including private roads, utilities, and drainage systems. Because these improvements are essential to the use and value of the project, the Michigan Condominium Act requires developers to provide financial security to ensure completion of those improvements. In Hills of Lone Pine Ass’n v Texel Land Co, Inc, 226 Mich App 120;…
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Introduction Most Michigan condominium associations are nonprofit corporations formed under the Michigan Nonprofit Corporation Act, MCL 450.2101 et seq. (the “Nonprofit Corporation Act”), and often fail to realize they’ve fallen out of good standing with the State of Michigan. The Nonprofit Corporation Act requires all nonprofit corporations to file an annual report by October 1st each year. Under the Nonprofit…
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Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics.
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While owning real estate should be considered an investment, it should also be viewed as a risk. Aside from the risk.
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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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