The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has increased the number of complaints that associations must deal with involving unwanted odors. Read the […]
Michigan Court of Appeals Holds That HOA Cannot Revoke Approvals for Docks
In Haan v Lake Doster Lake Association, unpublished opinion of the Court of Appeals, issued January 16, 2020 (Docket No. 345282), the Michigan Court of Appeals held in a 2-1 decision that an Allegan county homeowners association could not revoke approvals granted to owners to install docks. Read the article……………………………….
New Guidelines From HUD Aid Boards Reviewing Requests For Assistance (MI)
On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued new guidelines clarifying how housing providers can comply with the Fair Housing Act (FHA) in reviewing an individual’s request for an assistance animal. These requests often prove to be tricky to navigate for both parties, as individuals may not understand what […]
Davis vs. Echo Valley Condominium Association: Guidance for Associations on Reasonable Accommodations and Nuisance Actions
The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has increased the number of complaints that associations must deal with involving unwanted odors. Read the […]
Rules Your Community Association Should Consider Adopting (MI)
In Michigan, a condominium association Board has the implicit authority to enact reasonable rules and regulations regarding the condominium. Generally speaking, this authority is quite broad and unless otherwise specified in the bylaws, does not require the approval of the individual co-owners within the condominium. Subdivision associations, however, are another matter altogether. Unlike condominiums, there […]
The top 3 things you must know about HUD’s new guidance on assistance and emotional support animals
On January 28, 2020, the Department of Housing and Urban Development (HUD) issued new guidance on how housing providers, such as condominium associations, homeowners associations and landlords, can comply with the Federal Fair Housing Act (FHA), 42 USC 3601 et seq. in evaluating requests for assistance and emotional support animals. HUD estimates that 60% of […]
Michigan Court of Appeals holds that HOA cannot revoke approvals for docks
In Haan v Lake Doster Lake Association, unpublished opinion of the Court of Appeals, issued January 16, 2020 (Docket No. 345282), the Michigan Court of Appeals held in a 2-1 decision that an Allegan county homeowners association could not revoke approvals granted to owners to install docks. The majority opinion relied on the terms of […]
Slip and Fall On Condominium Premises (MI)
Over the last four years, there have been numerous Michigan Court of Appeals decisions addressing slip and falls on the Condominium Premises. Given that Michigan’s weather is turning colder by the day, the risk of significant personal harm on slippery snow and ice only increases. As a continuation in this series regarding slips and falls […]
Does Your Community Association Have a Vaping Problem? (MI)
Electronic cigarettes (or “e-cigarettes”) were first introduced into the U.S. market in the mid-2000s (see here) but only recently garnered national attention when e-cigarette smokers began developing mysterious lung injuries, some of which have been fatal (see here). As of July 2019, 8% of Americans reported vaping (smoking an e-cigarette) within the past week, with […]
Michigan Court of Appeals rules that Developer lost right to construct units on common element land
In Cove Creek Condo Ass’n v Vistal Land & Home Dev, LLC, __ Mich App __; __ NW2d __(2019), issued December 19, 2019 (Docket No. 342372), the Michigan Court of Appeals issued a published opinion establishing binding legal precedent and much needed guidance on the interpretation and application of MCL 559.167. In Cove Creek, supra, […]
Asthmatic Condo Dweller Loses Bid to Force Smoking Ban (MI)
Phyllis Davis suffers from asthma but lives in a condominium complex that allows residents to smoke in their condos. Davis asserts that the smell of smoke regularly emanating from a neighbor’s condo aggravated her asthma. Unsatisfied with her condo association’s efforts to address the situation, she sued the association and its property manager. Davis alleged […]
Who is Responsible for Carrying Insurance on a Condominium? (MI)
For many people, purchasing a home is the largest investment they will make in their lifetime. While owning real estate should be considered an investment, it should also be viewed as a risk. Aside from the risk that the property will decrease in value, every homeowner should consider the risk that the property could be […]
HB 5260: Exempting Condominiums from the Marketable Record Title Act (MI)
As previously discussed in, Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk, the Michigan Marketable Record Title Act, MCL 565.101, eq seq., was amended at the end of 2018, via 2018 PA 572, and may have unforeseen consequences for Michigan condominiums and homeowners associations. As a result of the 2018 […]
The Evolving Landscape of Sex Discrimination in Housing
On its face, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission is a discrimination claim solely relegated to the employment world; however, the United States Supreme Court’s decision on whether sex discrimination includes a person’s transgender or transitioning status and a person’s refusal to conform to sex-based stereotypes will also impact […]
Can you terminate a condominium under the Michigan Condominium Act?
The Michigan Condominium Act, MCL 559.101, et seq., contains specific procedures for the termination of a condominium. If a developer has not sold any condominium units, MCL 559.150 permits the developer to unilaterally terminate a condominium project. If the developer has sold units, MCL 559.151 sets forth the voting process for terminating a condominium project. […]
CBD Oil: Does it violate the prohibition on illegal activity in your condominium bylaws? (MI)
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 […]
Condo Act Administrative Rules
(By authority conferred on the corporation and securities bureau by section 142 of Act No. 59 of the Public Acts of 1978, as amended, being S559.242 of the Michigan Compiled Laws) PART 1. GENERAL PROVISIONS R 559.101 Definitions. Rule 101. (1) As used in the act and these rules: (a) “A 100-year flood” means a […]
US District Court Rules that Prior Recorded Condominium Lien takes Priority Over Federal Tax Lien to the Extent of the Amount Stated in the Lien Notice (MI)
In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017), the United States District Court held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice. Read the article………………………..
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 […]
Just. Follow. The. Rules.
We might add to the above definition a picture of the defendant in Fox Pointe Association v. Ryal, where summary disposition in favor of the plaintiff condominium association was recently confirmed by the Michigan Court of Appeals. Instead of taking the easy path of making a few changes to the front door as required by […]
Directors Serve Until Someone Else is Elected
Occasionally, we work with boards of directors that have not held an election for some time, usually because nobody else has ever expressed an interest in running as a candidate. A recent decision from the Michigan Court of Appeals makes clear that the board’s decisions are not invalidated just because elections have not been held. […]
MCL 559.233: Eminent Domain Issues in Michigan Condominiums
Eminent domain, also known as condemnation, or simply, taking, is the long-established government practice of converting private property for public use. It applies to all property, including units and common areas owned through a community association such as condominium or homeowners’ associations. Read the article……………………….
HB 4676: New procedures for removing discriminatory provisions from covenants and master deeds (MI)
On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed. While provisions that discriminate based on race, sex, national origin, familial status, sexual orientation, gender identity or disability are illegal and […]
Brace Yourself: Drones Are Coming to a Community Near You (MI)
Aerial photography, weather tracking, search and rescues – these are just a few things drones are being used for as they slowly integrate into our daily lives. Drones for recreational use can be purchased for as little as $30, and in June 2019, Amazon announced that within a matter of months it will begin using […]
Michigan Court of Appeals rules that the failure to hold annual meetings does not deprive a nonprofit corporation’s board of directors of authority to act on behalf of the corporation
On July 2, 2019, the Michigan Court of Appeals issued an Opinion in the matter of Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149). The issue presented to the Court in Channel View was whether a condominium […]
Residential Use vs Non-Residential Use in Michigan Condominiums
In Michigan, many condominium documents contain a limitation that a Unit may be used for “residential purposes” only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of property subject to public policy limitations. Kaczynski v. Lindahl, 5 Mich App 377; 146 […]
Get Smart – What Associations Should Consider in Light of the Rising Popularity of Smart Doorbells (MI)
Whether its excitement over new technology or a desire to discourage criminal activity, the demand for smart doorbells continues to grow. With these devices, someone is virtually always home and can easily respond to the delivery person, scare off a porch pirate or share video with the police in relation to a criminal event. With […]
Avoiding Religious Discrimination Claims in Condominiums and HOA’s
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: Read the article……………………..
Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs
In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner could not erect a fence in order to keep her emotional […]
MCL 559.148: How to Relocate Unit Boundaries Under the Michigan Condominium Act
Michigan condominium associations and co-owners should be aware that the boundaries of condominium units are not necessarily fixed and may be changed provided that certain requirements are satisfied under the Michigan Condominium Act, MCL 559.101, et seq. By way of example, a single co-owner may purchase adjoining condominium units in a traditional attached condominium and […]
Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit (MI)
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 […]
Court of Appeals Affirms Public Policy in Favor of Adult Care Facilities (MI)
Just about every set of bylaws has them – restrictions on “commercial” activity and the requirement that a home/unit be used only for “residential” purposes. However, litigation regularly erupts over whether certain activities are commercial or residential in nature. With regard to adult foster care facilities and whether they constitute commercial or residential activity in […]
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 […]
Avoiding Religious Discrimination Claims in Condominiums and HOA’s
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: Read the article…………………..
MCL 559.201 and MICH ADMIN R 559.511: Is Your Reserve Fund Underfunded? (MI)
In Michigan, the laws related to the governance of the formation and operation of condominium projects are found in the Michigan Condominium Act (the “Act”), MCL 559.101, et seq. MCL 559.205 of the Act requires a condominium association to maintain a “reserve fund,” to be set aside for major repair and replacement of the common […]
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 […]
Amendment to the Marketable Record Title Act puts Michigan restrictive covenants at risk
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 […]
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: Read the article………………
Think Twice Before Sending That Email (MI)
The management and administration of a community association is the operation of a business. Email is likely an essential component of conducting association business. Email is quick and creates a record of the issues discussed by the Directors and the decisions they make. While many Directors and managers may be aware of the right to […]
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 […]
Is your Association Protected Against Theft, Embezzlement and Fraud?
Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the community. However, there are times when board members, property managers or, more generally, thieves misappropriate or embezzle monies intended to benefit the community. Read the article………………
Homeowners Association Law (MI)
A Michigan homeowners association’s articles of incorporation, bylaws, covenants, declarations and deed restrictions must be regularly reviewed and updated to ensure that they are compliant with changes in federal law and that the governing documents adequately address the needs of the owners. Common signs that a Michigan homeowners association’s governing documents need to be updated […]
HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines (MI)
On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving improvement.” The proposed bill would be extremely problematic for Michigan community association’s for several reasons. Read the article………………
Avoiding the Improper Denial of Association Insurance Claims (MI)
One of the primary functions of a condominium’s governing documents is to establish the respective responsibilities of the association and the co-owners for maintaining, repairing and replacing all property located within the condominium project. Often times, these responsibilities will be assigned differently by the same set of governing documents, depending on whether the property suffers […]
How to Avoid Construction Liens in Michigan Condominium Projects
Condominium associations hire contractors for capital improvements, repairs and for restoration work to the general and limited common elements, if appropriate. When a condominium association hires a contractor to provide labor, services or materials to the condominium and then fails to make payment for any reason, the contractor may record a construction lien against the […]
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 […]
Can a Michigan Condominium Ban Solar Panels
Approximately 25 states have adopted some form of a solar access statute that makes it illegal for condominium bylaws to contain a provision that completely bans the installation of solar panels. There are approximately 15 different states that have adopted solar easement statutes that uphold the validity of contractual easements for solar access. A full […]
Wi-Fi issues in condominium associations
Wi-Fi has become a necessity for almost anyone who lives in a condominium association. However, the law is often slow to evolve to new technologies and many master deeds or declarations were drafted before Wi-Fi even existed. As a result, potential legal issues related to Wi-Fi use are rarely addressed in the governing documents of […]
Mailboxes in Michigan Condominiums and HOAs
In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community. Normally, when an owner wishes to modify a structure, the owner may petition the association’s ACC for approval. If the owner is denied the requested modification, […]
Michigan Court rules that association is not required to maintain road to township standards
In McGue v Glenbrook Beach Association, unpublished opinion of the Court of Appeals, issued March 6, 2018 (Docket No. 337785), the Michigan Court of Appeals upheld the trial court’s dismissal of an owner’s claim against a Michigan Summer Resort Owners Association for failing to maintain the roads in the subdivision according to the township ordinance. […]