Michiganders living in condominiums and homeowners associations have been subject to some form of a stay-at-home order since March 24, 2020 due to COVID-19. However, Governor Gretchen Whitmer has started reopening portions of Northern Michigan, and it is expected that the restrictions on recreational facilities in community associations throughout Michigan will be relaxed in the near future. However, at the…
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On July 2, 2019, the Michigan Court of Appeals issued an Opinion in Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149). The issue presented to the Court in Channel View was whether a condominium association’s board of directors had authority to take…
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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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In McGue v Glenbrook Beach Association, unpublished opinion of the Court of Appeals, issued March 6, 2018 (Docket No. 337785), the Michigan Court of Appeals upheld the trial court’s dismissal of an owner’s claim against a Michigan Summer Resort Owners Association for failing to maintain the roads in the subdivision according to the township ordinance. In this case, James McGue…
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When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores…
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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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