Michigan Court of Appeals affirms Short-Term Rental Ban in Restrictive Covenant

As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, the Michigan Courts have held that short-term rentals, the Michigan courts have consistently held that that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30, 2017 (Docket No. 336460), a majority opinion of the Michigan Court of Appeals once again affirmed this principle. While the dissenting opinion disagreed, as it did not believe that short-term rentals constituted commercial activity, the matter majority opinion will serve as binding precedent.     Read the article…………….


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