In 1948, the United States Supreme Court in Shelley v. Kraemer, 334 U.S. 1 (1948) declared that racially restrictive deed restrictions violated the Fourteenth Amendment and would not be enforced by the courts. However, it remained legal for property owners and realtors to discriminate on the basis of race privately. It took a full twenty years after the Supreme Court’s…
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The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that…
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The enforcement of parking restrictions is one of the most common problems that condominium associations and property managers are forced to deal with. Parking spaces are often at a premium in densely packed urban areas and issues arise when co-owners fail to park in their designated areas. In contrast, suburban site condominiums with single family homes often face issues related…
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The Court held that Defendant's camper is a motor vehicle registered with the Secretary of State. While the camper may have a geometric design much like a box, the court reasoned that it was not designed for permanent use. Accordingly, the court held that the restriction was not violated by having a camper on the property because a camper was…
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When drafting or amending condominium bylaws, the Restrictions section—typically Article VI of the Condominium Bylaws—often garners the most feedback, review or modification. One of the key provisions within the Restrictions section addresses pet restrictions including: the registration of pets with the association, not allowing pets loose on the condominium premises, co-owners must clean the dog’s feces so as not to…
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On August 4, 2016, the Bankruptcy Panel of the Federal Sixth Circuit Court of Appeals issued an opinion holding that a condominium association could foreclose on a pre-petition lien for unpaid assessments that was not extinguished in the bankruptcy proceedings.
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