As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in
UPDATE: This opinion was subsequently reversed by the Michigan Supreme Court on July 24, 2019 in a 5-2 decision. A copy of the Supreme Court's opinion can be found here. In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket
MCL 450.835a was enacted into law on March 21, 2017, and provides as follows: 450.835a Amending, reaffirming, or repealing restrictive covenant by electronic signature. Sec. 5a. If restrictive covenants apply to more than 250 lots or parcels of real property in a single development and the law of
At least once a year, property managers, attorneys or the association itself files corporate documents with the State of Michigan's Department of Licensing and Regulatory Affairs ("LARA") on behalf of the association. In a Michigan condominium association or homeowners association, certain documents such as Amended and Restated
Short-term rental websites such as AirBNB, Booking.com, FlipKey, HomeAway, Homestay, House Trip, Roomorama, Tripping.com, Trivago, VBRO and VayStays have become an increasing concern for Michigan condominium and homeowner’s associations that are populated by full-time residents. The rise of short-term rental websites has led owners and
In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant expired. In Deghetto, the plaintiffs
