Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

by | Apr 19, 2019 | Bylaws, Condo and HOA Cases, Condominium Document Amendments, Condominium Document Enforcement, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium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...
HOA violates the Fair Housing Act by denying a service animal in the clubhouse

HOA violates the Fair Housing Act by denying a service animal in the clubhouse

by | Apr 5, 2019 | Board of Directors, Condo and HOA Cases, Department of Housing and Urban Development (HUD), Director and Officer Liability, Emotional Support Animals, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer

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...
Avoiding Religious Discrimination Claims in Condominiums and HOA’s

Avoiding Religious Discrimination Claims in Condominiums and HOA’s

by | Mar 5, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Department of Housing and Urban Development (HUD), Director and Officer Liability, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Religion, Restrictive Covenants

Overview of Religious Discrimination under the Fair Housing Act 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...
MCL 559.201 AND MICH ADMIN R 559.511: IS YOUR RESERVE FUND UNDERFUNDED?

MCL 559.201 AND MICH ADMIN R 559.511: IS YOUR RESERVE FUND UNDERFUNDED?

by | Feb 18, 2019 | Board of Directors, Bylaws, Condo and HOA Assessments, Condo and HOA Cases, Maintenance, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer

Introduction 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...
Michigan Court upholds condo association fines for unauthorized wind turbine and generator

Michigan Court upholds condo association fines for unauthorized wind turbine and generator

by | Feb 4, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Michigan Condominium Act, Michigan Condominium Lawyer, Technology

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...
MICHIGAN COURT OF APPEALS RULES IN FAVOR OF TOWNSHIP IN ZONING ORDINANCE DISPUTE OVER SHORT-TERM RENTALS

MICHIGAN COURT OF APPEALS RULES IN FAVOR OF TOWNSHIP IN ZONING ORDINANCE DISPUTE OVER SHORT-TERM RENTALS

by | Nov 19, 2018 | Airbnb, Condo and HOA Cases, Landlord/Tenant, Michigan Condominium Lawyer, Michigan HOA Attorney, Planned Unit Development, Rules and Regulations

BACKGROUND On October 25, 2018, the Michigan Court of Appeals issued an unpublished opinion in the matter of Concerned Property Owners of Garfield Township, Inc v Charter Township of Garfield, unpublished per curiam opinion of the Court of Appeals, issued October 25,...