Can an Association Limit Your Right to Bear Arms?

Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886); […]

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COVID-19: How Should Condos and HOA's handle meetings?

On March 11, 2020, the World Health Organization declared the coronavirus outbreak (“COVID-19”) a pandemic. On March 12, 2020, Governor Whitmer ordered all K-12 schools closed through April 6, 2020 and numerous major sports events, concerts, plays and trade shows throughout Michigan have been postponed or cancelled altogether. As COVID-19 becomes more widespread, community associations are asking how this pandemic […]

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HB 4676: New procedures for removing discriminatory provisions from covenants and master deeds

On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.  42 U.S.C. § 3604 of the Federal Fair Housing Act makes it unlawful to: (c) To make, print, or publish, or cause to be made, printed, […]

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Mailboxes in Michigan Condominiums and HOAs

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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Case Law Update: Nottingham Village Condo Ass'n v. Pensom: Litigation Evaluation Meetings

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit.  These provisions range from the rather mundane to extremely onerous. In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld […]

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Should your Community Association have a Holiday Party?

Introduction With Christmas just around the corner, many community associations are currently planning parties to celebrate the holiday season. Holiday parties are a great way to bring the community together and converse with your neighbors. These parties frequently involve the catering of food and alcohol as well as live entertainment which helps foster community participation. While holiday parties are generally […]

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