The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs.
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In Oak Valley Estates Homeowners Association v Georgetta Livingstone, Unpublished Opinion of the Michigan Court of Appeals, Docket No. 338292 (January 22, 2019), the Michigan Court of Appeals upheld a monetary judgment in favor of a condominium association, for fines and attorney’s fees and costs, after granting an injunction requiring that a co-owner remove solar panels, a wind turbine and…
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Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium. Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums. Many recreational facilities are common elements that are located within a…
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In Stonehenge Condominium Association v Bank of New York Mellon Trust Company, NA, unpublished opinion of the Court of Appeals, issued July 24, 2018 (Docket No. 339106), the Michigan Court of Appeals held that a condominium association’s lien priority over a second mortgage was extinguished when the association received a deed to the condominium unit from the co-owner instead of…
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Wi-Fi has become a necessity for almost anyone who lives in a condominium association. However, the law is often slow to evolve to new technologies and many master deeds or declarations were drafted before Wi-Fi even existed. As a result, potential legal issues related to Wi-Fi use are rarely addressed in the governing documents of community associations. Accordingly, condominium and…
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Michigan Senate Bill 914 (2018) was introduced on March 21, 2018. Senate Bill 914 would amend various sections of the Michigan Condominium Act related to providing electronic notice of amendments to condominium documents, director voting via e-mail and setting more specific standards for co-owner inspections of a condominium association's books and records.
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