by Kevin Hirzel | Dec 4, 2019 | Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer, Michigan HOA Attorney, Restrictive Covenants
As previously discussed in, Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk, the Michigan Marketable Record Title Act, MCL 565.101, eq seq., was amended at the end of 2018, via 2018 PA 572, and may have unforeseen consequences...
by Kevin Hirzel | Oct 9, 2019 | Bylaws, Condominium Document Enforcement, Deed Restrictions, Marijuana/Smoking, Michigan Condominium Act, Michigan Condominium Lawyer
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...
by Kevin Hirzel | Aug 1, 2019 | Board of Directors, Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Restrictive Covenants
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...
by Joe Wloszek | Jul 9, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Construction, Deed Restrictions, Michigan Business Attorney, Michigan Condominium Lawyer, Michigan HOA Attorney, Property Managers, Restrictive Covenants, Zoning
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...
by Kevin Hirzel | 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In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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...
by Brandan A. Hallaq | 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...
