Tag Archives: Royal Oak Condominium Attorney

Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit.  The court further held that the condominium bylaws were enforceable

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HOA violates the Fair Housing Act by denying a service animal in the clubhouse

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 association.  Based upon the facts of the case, the court determined that the homeowners association

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Avoiding Religious Discrimination Claims in Condominiums and HOA’s

Overview of Religious Discrimination under the Fair Housing Act The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs.  42 U.S.C. §3604 provides in pertinent part: As made applicable by section 3603 of this title and except as exempted

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Michigan Court upholds condo association fines for unauthorized wind turbine and generator

In Oak Valley Estates Homeowners Association v Georgetta Livingstone, Unpublished Opinion of the Michigan Court of Appeals, Docket No. 338292 (January 22, 2019), the Michigan Court of Appeals upheld a monetary judgment in favor of a condominium association, for fines and attorney’s fees and costs, after granting an injunction requiring that a co-owner remove solar panels, a wind turbine and

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Legal marijuana: How will it impact Michigan condominium associations?

Michigan became the 10th state to legalize the recreational use of marijuana when voters approved Proposal 1 and enacted the Michigan Regulation and Taxation of Marihuana Act (the “Act”) on November 6, 2018. The highlights of the Act are as follows: A person that is at least 21 years or older may possess or consume marijuana. A person may possess

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MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums

Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium.  Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums.  Many recreational facilities are common elements that are located within a

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MI Court rules that MCL 559.208 does not protect a Condominium Association’s lien priority after taking a deed in lieu of foreclosure

In Stonehenge Condominium Association v Bank of New York Mellon Trust Company, NA, unpublished opinion of the Court of Appeals, issued July 24, 2018 (Docket No. 339106), the Michigan Court of Appeals held that a condominium association’s lien priority over a second mortgage was extinguished when the association received a deed to the condominium unit from the co-owner instead of

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