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 […]

Read more

Michigan Court of Appeals holds that HOA cannot revoke approvals for docks

In Haan v Lake Doster Lake Association, unpublished opinion of the Court of Appeals, issued January 16, 2020 (Docket No. 345282), the Michigan Court of Appeals held in a 2-1 decision that an Allegan county homeowners association could not revoke approvals granted to owners to install docks.  The majority opinion relied on the terms of a membership application for the […]

Read more

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, […]

Read more

Browning-Ferris Industries of California (#32-RC-109684): Fundamentally Altering the Employee / Employer Relationship between Community Associations and their Management Companies and Independent Contractors

Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees and who would be considered the employer of those employees.  However, a 2015 ruling by the National Labor Relations Board (“NLRB”) has placed that understanding in a state of flux.   The new standard employed by the NLRB may now find […]

Read more

Michigan Court of Appeals rules that amendments to HOA Restrictions require unanimous consent.

The Michigan Court of appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): The absence of an amendment provision in the original declaration of restrictions for a subdivision precluded a HOA from later amending its declaration with less than unanimous consent […]

Read more