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Michigan Court of Appeals affirms that short-term rentals violate HOA residential use restrictions

/ Owner - November 2, 2021

In Cherry Home Association v. Keith Barker, et. al., unpublished opinion of the Court of Appeals, issued October 21, 2021 (Docket No. 354841), the Michigan Court of Appeals upheld the Leelanau County Circuit Court’s ruling that frequent short-term rentals violated the residential use restrictions contained in the deed restriction for the homeowners association. The Court of Appeals also concluded that the anti-waiver provisions of the HOA declaration, as well as the facts proven at trial, precluded the property owners from arguing that the restrictions were unenforceable due to waiver.   Read the entire article……………………………….

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