Amendment to the Marketable Record Title Act puts Michigan restrictive covenants at risk

/ Owner - January 4, 2019

On December 31, 2018, SB 671 was enacted into law, via 2018 PA 572, in order to amend the Michigan Marketable Record Title Act. SB 671 was a lame duck bill that may have drastic consequences for Michigan condominiums and homeowners’ associations in the future. Based on the amendment to the Michigan Marketable Record Title Act, in certain circumstances, Michigan community associations may be required to file a claim of interest in the register of deeds that specifically identifies their restrictive covenants, within 2 years of the date of the amendatory act, if the restrictions are more than 40 years old. Associations that do not do so risk invalidating deed restrictions upon which the community is based.    Read the article………………….

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