CBD OIL: DOES IT VIOLATE THE PROHIBITION ON ILLEGAL ACTIVITY IN YOUR CONDOMINIUM BYLAWS?

CBD OIL: DOES IT VIOLATE THE PROHIBITION ON ILLEGAL ACTIVITY IN YOUR CONDOMINIUM BYLAWS?

Michigan is one of the most progressive states when it comes to decriminalizing marijuana use for medicinal and recreational purposes.  Accordingly, it should be no surprise that cannabidiol (“CBD”) oil is becoming commonplace on supermarket shelves and in other...
HB 4676: NEW PROCEDURES FOR REMOVING DISCRIMINATORY PROVISIONS FROM COVENANTS AND MASTER DEEDS

HB 4676: NEW PROCEDURES FOR REMOVING DISCRIMINATORY PROVISIONS FROM COVENANTS AND MASTER DEEDS

On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.  42 U.S.C. § 3604 of the Federal Fair...
RESIDENTIAL USE V. NON-RESIDENTIAL USE IN MICHIGAN CONDOMINIUMS

RESIDENTIAL USE V. NON-RESIDENTIAL USE IN MICHIGAN CONDOMINIUMS

In Michigan, many condominium documents contain a limitation that a Unit may be used for “residential purposes” only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of...
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

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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

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

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...