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In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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...
VACATING A ROAD OR ALLEY UNDER THE LAND DIVISION ACT

VACATING A ROAD OR ALLEY UNDER THE LAND DIVISION ACT

by | Jun 11, 2019 | Brandan Hallaq, Construction, Deed Restrictions, Developers, Michigan Condominium Lawyer, Michigan Real Estate Attorney, Michigan Real Estate Cases, Planned Unit Development, Plat, Property Development, Title Disputes

In Michigan, a significant portion of commercial and residential real estate development occurs through the creation of either subdivisions or condominiums. Typically, an owner of a large parcel of land will establish a condominium or subdivision as a means of...
Amending Deed Restrictions: Giving Meaning to Successive Terms without Ignoring Declarant Intent

Amending Deed Restrictions: Giving Meaning to Successive Terms without Ignoring Declarant Intent

by | Jan 21, 2019 | Deed Restrictions, Matthew Heron, Michigan Business Attorney, Michigan Business Law, Michigan HOA Attorney, Michigan Real Estate Attorney, Michigan Real Estate Cases, Property Development, Property Managers

Introduction Restrictive covenants in Michigan are valuable property rights and have been effectively used to assist in the orderly development of Michigan communities.  The rights contained in restrictive covenants are used by developers to implement their community...
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...
HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines

HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines

by | Sep 10, 2018 | Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Master Deed, Michigan Condominium Lawyer, Planned Unit Development, Restrictive Covenants, Rules and Regulations, Solar Panels, Technology

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...