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, […]

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Michigan Court of Appeals rules that modular home violates restrictive covenants

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 In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially […]

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Michigan Court of Appeals rules that deed restrictions recorded outside of the chain of title are unenforceable

In Petersen Financial LLC v Twin Creeks LLC, issued November 22, 2016 (Docket No. 329019) (Published Opinion) the Michigan Court of Appeals held that deed restrictions that were not within the chain of title were not enforceable. In 2000, Twin Creeks, LLC owned the complete parcel of land that was located in the Twin Creek Development (hereinafter “Twin Creek”). In […]

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Michigan Court rules that recreational use of a camper violates deed restrictions

In Vansteenhouse v Winslow, issued June 28, 2016 (Docket No. 326224) (Unpublished Opinion) the Michigan Court of Appeals was required to determine whether a property owner violated deed restrictions by having a camper on their property. The deed restrictions indicated, “All lots sold within said Subdivision are to be used for residential purposes only….” The restrictions also stated that “[a]ll […]

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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 […]

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