Condominium associations in Michigan play a crucial role in managing residential communities and ensuring compliance with state laws and regulations. Condominium insurance is an integral part of this ecosystem, providing financial protection against liabilities and property losses for both associations and individual unit owners. Understanding how Michigan’s Condominium Act (the “Condominium Act”) shapes these insurance […]
HOA Events: Tips and Ideas
With the cooler temps, what better time to get together for community activities? There is much to do during the spring and fall months, no matter where you live. Let us talk about some fun events HOA Boards could offer in your community this fall and, most importantly, how to execute them effectively! Successful HOA […]
Can Homeowners Install Swim Spas? Key Lessons from Hills of Oakland v. Seibert (MI)
“[R]estrictions for residence purposes, if clearly established by proper instruments, are favored by definite public policy. The courts have long and vigorously enforced them by specific mandate.” Oosterhouse v Brummel, 343 Mich 283, 287; 72 NW2d 6 (1955). Property owners within community associations across Michigan and the nation are increasingly installing swim spas in their […]
Reviewing HOA Financials
Reviewing your HOA’s financial statements isn’t just a best practice—it’s essential for protecting your community’s long-term stability. Whether you’re a seasoned board member or new to HOA leadership, knowing what to look for in your financial reports can help you spot trends, catch inconsistencies, and confidently make informed decisions. Read the article…………………………….
HOA Board of Directors Duties
HOA Board of Directors Duties – Who are they, and what do they do? Generally, an HOA Board of Directors comprises community volunteers elected by fellow residents to serve on the Board and make decisions on the residents’ behalf regarding the HOA. Read the article…………………………….
Navigating Unit Alteration Requests in Condominium Communities: Legal Frameworks and Best Practices (MI)
Requests by co-owners to alter or modify their units—or adjacent common elements—are among the most frequent and challenging issues faced by condominium associations. For board members and property managers, responding to these requests requires careful consideration, consistency, and a solid understanding of legal obligations. Mishandling these requests can lead to costly and time-consuming disputes. Read […]
3 Legal Essentials for Michigan Condo Boards Adopting Rules
The governing documents of a condominium association are intended to address the various provisions and restrictions that apply to the co-owners and the association. The condominium documents, however, simply cannot address each and every specific situation that may arise. Or a provision in the condominium documents may address a topic in general terms without identifying […]
Vendor Contract Essentials: How Community Associations Can Avoid Costly Mistakes
As spring approaches, community association boards are gearing up to tackle long-awaited projects—from landscaping improvements to major repairs. While selecting the right vendor is a critical first step, having a well-structured contract and a strong management strategy can make all the difference in ensuring a smooth process and avoiding costly mistakes. From choosing reliable contractors […]
Michigan Court Rules that Livestock, Unauthorized Fences, and Off-Road Vehicles Violated HOA’s Restrictive Covenants
Disputes over whether exotic animals, such as chickens, can constitute pets under restrictive covenants are becoming increasingly common. In Nemeth v DiGirolamo, unpublished opinion of the Court of Appeals, issued March 12, 2025 (Docket No. 366595), 2025 WL 796149, the Michigan Court of Appeals considered whether four cows and a ram constituted “pets” under the […]
Michigan Court Confirms: Tax Foreclosure Sale Does Not Eliminate Obligation to Pay HOA Assessments
On May 12, 2000, the Michigan Court of Appeals issued an important decision in Lakes of the North Association v. Twiga Limited Partnership, clarifying that a Michigan tax foreclosure sale does not cancel the obligation to pay HOA assessments. This case is critical for condominium and homeowners association board members to understand, especially when dealing […]
Michigan Reserve Study Laws
Condominiums must have a reserve fund for major repairs and replacement of common elements shall Read the article…………………………….be maintained by the associations of co-owners. The administrator may by rule establish minimum standards for reserve funds.
Deciphering the Reserve Study: The Compass of Community Associations (MI)
In the vast ocean of community association management, imagine sailing a ship without a compass. The ship, in this analogy, represents your Homeowners’ Association (HOA) or condominium association. The compass? The indispensable reserve study. Read the article…………………………….
Navigating Property Damage Claims: A Guide for Association Boards
When disaster strikes an association, it’s essential for the association board to act swiftly and effectively to navigate the complex landscape of property damage claims. Whether it’s fire, floods, mold, or wind damage, the role of the board in moving a property claim forward is crucial. Read the article…………………………….
Decoding Risk Assessments: Keeping Communities Safe and Legally Protected (MI)
Risk assessment is a primary management tool in ensuring the health and safety of others in your community. What many people perhaps are not aware of, however, is that there can be a legal liability for your Board & Community. Whether you’re wondering how to complete a risk assessment or are unsure of their relevance […]
Seasonal Pond Maintenance (MI)
A number of articles and Q&A’s regarding pond care. Read the article…………………………….
Michigan Court of Appeals Confirms HOA Board’s Right to Hire a Property Manager
The Michigan Court of Appeals recently reaffirmed that a homeowners association (HOA) board has the authority to hire a property management company for compensation, even when an HOA’s bylaws state that “agents” must serve without compensation. In Neuman v. Long Lake Shores Association, the court clarified that the term “agent” does not extend to third-party […]
Michigan Court Rules that Delayed Enforcement of Condo Bylaws for Unauthorized Deck May Create Laches Defense
Failing to enforce the condominium bylaws promptly and consistently can negatively affect condominium associations. In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of timely and consistent bylaw enforcement. Specifically, the Michigan Court of Appeals […]
Why Did I Get a Late Charge When I Paid On Time? – Payment Application (MI)
Each week, we have a condominium co-owner, homeowners association member, or tenant ask a question such as, “Why did I get a late charge when I paid on time?” or “Why do I get a late charge every month when I am paying? The answer is that the account is carrying a balance from the […]
Michigan Homeowners’ Energy Policy Act Takes Effect April 1, 2025: Does Your HOA Have a Solar Energy Policy?
On July 8, 2024, the Governor signed the Homeowners’ Energy Policy Act, MCL 559.301, et seq. (“HEPA”), which becomes effective on April 1, 2025. The HEPA is intended to limit a homeowners association’s ability to restrict or prohibit an owner from installing solar panels and other energy-saving devices. In addition, the HEPA also requires each […]
HOA Selective Enforcement
HOA selective enforcement involves enforcing some rules more strictly than others or targeting specific homeowners while ignoring others’ violations. This can lead to unfairness and loss of credibility, ultimately undermining homeowners’ trust and confidence in their HOA. Consistent enforcement of the governing documents, including CC&Rs and design guidelines, is essential for building trust and ensuring […]
Supreme Court Allows Enforcement of Corporate Transparency Act; FinCEN’s Website Says Filing Requirements Still on Pause
On December 3, 2024, a federal court in Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc v Garland, No. 4:24-CV-478, 2024 WL 4953814, at *37 (ED Tex, December 3, 2024), temporarily halting the enforcement of the Corporate Transparency Act. Unfortunately for community associations, the Fifth Circuit delivered a lump of coal […]
Should You Update Your Condominium or HOA Lien for New Assessments? (MI)
When a condominium or homeowners association (HOA) in Michigan imposes a new assessment, a common question arises: does the existing lien need to be updated to reflect the new charges? The answer depends on several factors, including the type of assessment and the provisions outlined in the association’s governing documents. In most cases, condominium liens […]
Michigan Court Rules in Favor of Right to Hire Property Manager (MI)
In a notable decision issued on October 10, 2024, the Michigan Court of Appeals in Neuman v Long Lake Shores Ass’n, No 368648 (Mich Ct App Oct 10, 2024) upheld a trial court ruling in favor of MAGWV’s association client in a contractual dispute brought by a group of residents. The plaintiffs had challenged the […]
Bylaws, CC&Rs and HOA Rules & Regulations
Whether you are a homeowner living in an HOA, a recently elected Board member, or an aspiring Community Manager, it is important to understand the differences between the multiple governing documents, the HOA Bylaws, CC&Rs, and Rules & Regulations, by which an HOA operates. If you are a homeowner, for example, becoming familiar with your […]
What is an HOA and do you have to join? 7 key things to know in Michigan.
Living in a Michigan homeowners association can come with its pros and cons. Debates over imposed rules, violation notices and fines can quickly become the hot topic of a neighborhood. In Michigan, about 1.4 million people were living in communities with homeowner associations in 2023, according to the Foundation for Community Association Research. In the […]
Prescriptive Easements and Use of Common Elements by Adjoining Property Owners (MI)
On December 29, 2022, the Michigan Court of Appeals issued an unpublished opinion in the matter of Alexander Queen v Woodbury Green Condominium Association, unpublished per curiam opinion of the Court of Appeals, issued December 29, 2022 (Docket No. 359092) addressing the issue of a prescriptive easement being claimed by a property owner outside of […]
Christmas Lights and Legal Fights: Federal Court Questions Enforcement of HOA’s Holiday Decoration Rules Under the Fair Housing Act
Holiday displays are a frequent source of contention within community associations, often raising questions about how to regulate them fairly and uniformly. Courts have consistently emphasized that community associations can enforce reasonable restrictions on holiday decorations, provided these rules are neutral, uniformly applied, and focused on objective factors like time, location, and size. Read […]
Should Your Condominium Association Have A Maintenance Matrix? (MI)
Common complaints that co-owners have about the condominium’s master deed and bylaws are that they are poorly written, full of legalese, and are difficult to understand. When it comes to the responsibilities of the condominium association and co-owners to maintain, repair, and replace the common elements and the unit, a maintenance matrix be helpful to […]
Federal Court halts Corporate Transparency Act Enforcement: What does it mean for Condos and Homeowners Associations?
The Corporate Transparency Act (“CTA”) has been a significant concern for community associations in 2024. The CTA requires corporate entities, including many condominium and homeowners associations, to report personal information for individuals exercising substantial control of these entities by the end of 2025. Individuals that qualify as beneficial owners under the Corporate Transparency Act would […]
What Is the Discriminatory Effects Rule Under the Fair Housing Act?
The Fair Housing Act (the “FHA”) prohibits housing discrimination because of an individual’s race, color, religion, sex (which includes both gender identity and sexual orientation), disability, familial status, or national origin. The most obvious form of housing discrimination is an action, omission, or policy that is intended to discriminate on the basis of one of […]
Corporate Transparency Act Updates – January 1, 2025, Deadline (MI)
Community Associations Institute (CAI) is a national organization advocating for the benefit of homeowners associations, condominiums, and other community associations. On September 10, 2024, CAI filed a lawsuit in the United States District Court for the Eastern District of Virginia, ?Community Associations Institute v United States Department of Treasury, seeking to specifically exempt community associations […]
Federal Judge Rules Community Associations Must Comply With Corporate Transparency Act
As discussed in a prior article, the Community Associations Institute (“CAI” or the “Plaintiffs”) filed a lawsuit in the Eastern District of Virginia against the Department of Treasury seeking an exemption for community associations from the Corporate Transparency Act. Specifically, CAI argued (i) that requiring community associations to disclose “beneficial owners” to the Department of […]
A Guide to HOA Insurance for New Board Members
As an HOA Board member, your commitment plays a crucial role in managing your community. Understanding and overseeing the HOA’s insurance policies are fundamental aspects of this responsibility. This guide builds a solid foundation in HOA insurance, empowering you to make informed decisions about your community’s coverage. Read the article…………………………….
A Guide to HOA Elections
HOA elections are vital to community governance, allowing homeowners to choose representatives to serve on the HOA Board. These elections typically occur at the Annual Meeting, where homeowners vote for candidates through physical or electronic ballots. The Board members selected will be responsible for managing the community, including tasks like budget planning, maintenance management, and […]
3 Best Practices for Regulating Political Signs in Your Condo or HOA (MI)
Election seasons these days never seem to end, with dozens of national, state, and local races and issues up for consideration in any given year and new campaigns that begin as soon as an election cycle ends. With all these races and protracted campaigns comes a proliferation of political signs in yards and homes in […]
Federal Court Rules that Corporate Transparency Act is likely Constitutional: Community Associations must comply by January 1, 2025 to avoid $10,000 in potential civil penalties
The January 1, 2025 deadline for condominium and homeowners associations to comply with the Corporate Transparency Act is fast-approaching. Community associations who fail to comply with the reporting requirements under the Corporate Transparency Act may face civil penalties and possible imprisonment. In a previous article, we have discussed the reporting requirements of the Corporate Transparency […]
Understanding Short-Term Rentals in Condos and HOAs in Michigan
The growing popularity of short-term rental platforms like Airbnb and VRBO has sparked significant interest among property owners, as well as concern among homeowners’ associations (HOAs) and condominium associations. In Michigan, the regulation of short-term rentals (STRs) within condo and HOA communities has become a hot-button issue, blending property rights, community interests, and local legislation. […]
HOA and Condo Association Guide to Corporate Transparency Act Compliance
The federal Corporate Transparency Act (CTA) introduced new reporting requirements for a variety of entities, including homeowners’ associations (HOAs) and condominium associations. This law, designed to increase corporate transparency and curb illegal activities such as money laundering and fraud, mandates that certain types of organizations disclose information about their beneficial owners. For the boards of […]
Homeowners Energy Policy Act (MI)
The new Michigan law passed on July 8, 2024, takes effect March 19, 2025 (i.e. 91 days after the end of the final regular 2024 legislative session). The new law essentially prohibits homeowners associations from banning improvements that result in energy saving, such as clothes lines, rain barrels, reflective roofing, energy efficient windows and appliances, […]
Michigan Passes Homeowners’ Energy Act, Negating Many HOA Restrictions on Energy-Saving Improvements
The Michigan Legislature recently approved the Homeowners’ Energy Policy Act (the “Act”). A goal of the Act is to promote energy saving activities and uses by eliminating prohibitions against them. When effective, it will negate numerous commonly imposed neighborhood and homeowners’ association restrictions such as prohibitions/restrictions against: Read the article…………………………….
Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law (MI)
In Hills of Oakland Subdivision Association v. Victoria M. Seibert, the Michigan Court of Appeals ruled that “swim spas” meet the common usage of the term “swimming pool,” which is an important precedent for community association law. Many associations’ governing documents include explicit prohibitions on above ground swimming pools. Read the article…………………………….
Top 4 Legal Considerations for Gated Communities in Michigan: What Condos and HOA’s Need to Know
Imagine living in an exclusive, gated condominium community where security and privacy are top priorities. Whether your home is nestled in a suburban site condominium or perched in a sophisticated downtown high-rise, the added peace of mind a gated community provides is a major selling point for many. In fact, a recent study shows that […]
It’s Election Time Again: Can Your Community Association Regulate Political Signs? (MI)
Each election season, we receive questions about political signs in condominiums and homeowners associations. Can community associations restrict political signs, and what are some of the considerations? Read the article…………………………….
Understanding Breach of Fiduciary Duty by Developer-Appointed Directors in Condominium Associations (MI)
Many co-owners volunteer to serve on the board of directors because they believe that they can lead their condominium association in a positive direction. This belief is essentially what it means to fulfill their duty as a fiduciary: to act in good faith, loyally to the association, and avoiding self-dealing. If the association believes that […]
Indemnification in Community Associations (MI)
Indemnification is a contractual or statutory obligation for one party to compensate or defend another party for its liability or losses. Homeowners associations and condominium associations may encounter indemnification in their relationship with their directors, officers, and management companies. Read the article…………………………….
Developer Turnover: 8 Things Michigan Condo Associations Must Know when Negotiating with a Developer to Avoid Paying for Construction Defects
Successfully transitioning control of a condominium association from the developer to the co-owners is critical for the long-term success of any Michigan condominium. When a developer exits a condominium project, it often requests a release of liability from the co-owner controlled board of directors. An experienced developer has an inherent advantage in negotiating a release […]
Understanding the Michigan Reserve Study Bill: Essential Updates for Condominium Associations
Did you know that Michigan’s HB 5019, a new bill pending in the Michigan House, aims to bring significant changes to the way condominium associations manage their reserve funds? Currently, Michigan law requires that condominium associations maintain a reserve fund for major repairs and the replacement of common elements. The state administrative code mandates that […]
How HOA’s can Enforce CC&Rs
A concerned owner or board member should send a formal demand letter to the board requesting that specific action be taken to enforce the CC&Rs. For board members, proposing a motion at a board meeting to enforce bylaws is a good option even if it may be voted down. Many states recognize liability protections for […]
Michigan Supreme Court Rules: Co-Owner May Maintain Lawsuit against Association for Injuries Sustained on Common Elements
In a divided opinion, the Michigan Supreme Court recently ruled that a condominium co-owner who was injured while on common elements of a complex can maintain a premises liability action against a condominium association. In the case of Janini v. London Townhouses Condominium Association (Docket No. 164158; decided July 11 2024). The court held: Read […]