Tag Archives: Sterling Heights Condominium Attorney

CBD Oil: Does it violate the prohibition on illegal activity in your condominium bylaws?

Michigan is one of the most progressive states when it comes to decriminalizing marijuana use for medicinal and recreational purposes.  Accordingly, it should be no surprise that cannabidiol (“CBD”) oil is becoming commonplace on supermarket shelves and in other retailers in Michigan.  As discussed in Recreational Marijuana: How will it impact Michigan Condominium Associations, marijuana is still illegal under federal

Read more

HB 4910: Michigan seeks to criminalize fake emotional support animal requests

On September 3, 2019, Representative Matt Hill introduced House Bill 4910, which would create the “Misrepresentation of Emotional Support Animals Act” and criminalize a fake request for an emotional support animal. Requests for emotional support animals continue to rapidly increase under the Federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. According to a

Read more

MCL 559.149: How to subdivide condominium units under the Michigan Condominium Act

Michigan condominium associations and co-owners should be aware that the Michigan Condominium Act, MCL 559.101, et seq., contains a specific procedure that allows for condominium units to be divided.  A single co-owner may purchase a large site condominium unit and later decide to divide the lot into two separate units.  However, condominium associations should be aware that an amendment to

Read more

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In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium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

Read more

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

Read more

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

Read more

SB 914: Proposed amendment to the Michigan Condominium Act

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.  Senate Bill 914 (2018) would amend MCL 559.106,

Read more
« Older Entries