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Michigan Court Rules that Delayed Enforcement of Condo Bylaws for Unauthorized Deck May Create Laches Defense

/ Owner - February 21, 2025

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 In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of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 held laches, which is best described as a prejudice resulting from the passage of time, was a viable defense to an action to enforce an unauthorized modification to the condominium bylaws.   Read the article…………………………….

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