Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

by | Jun 19, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Deed Restrictions, Department of Housing and Urban Development (HUD), Emotional Support Animals, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Restrictive Covenants

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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...
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In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium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...
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...
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...
Amendment to the Marketable Record Title Act puts Michigan restrictive covenants at risk

Amendment to the Marketable Record Title Act puts Michigan restrictive covenants at risk

by | Jan 8, 2019 | Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Planned Unit Development, Restrictive Covenants

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...
LEGAL MARIJUANA: HOW WILL IT IMPACT MICHIGAN CONDOMINIUM ASSOCIATIONS?

LEGAL MARIJUANA: HOW WILL IT IMPACT MICHIGAN CONDOMINIUM ASSOCIATIONS?

by | Dec 6, 2018 | Board of Directors, Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Michigan Condominium Act, Michigan Condominium Attorney

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: A person that is...