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Michigan Homeowner’s Association Tag

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); see also MCL 559.146. In addition, the Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) permits bylaw provisions “[a]s are deemed appropriate for the administration of the condominium project not inconsistent with [the Act] or any other applicable laws.” MCL 559.156(a).

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners

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 In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket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

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