MCL 559.148: HOW TO RELOCATE UNIT BOUNDARIES UNDER THE MICHIGAN CONDOMINIUM ACT

MCL 559.148: HOW TO RELOCATE UNIT BOUNDARIES UNDER THE MICHIGAN CONDOMINIUM ACT

by | May 7, 2019 | Bylaws, Condominium Document Amendments, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Mortgagee Approval

Michigan condominium associations and co-owners should be aware that the boundaries of condominium units are not necessarily fixed and may be changed provided that certain requirements are satisfied under the Michigan Condominium Act, MCL 559.101, et seq.  By way of...
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In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium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...
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...
MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums

MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums

by | Nov 1, 2018 | Condo and HOA Cases, Developers, Inspection of Records, Master Deed, Michigan Condominium Lawyer

Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium.  Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms,...
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...
HB 5440: Michigan HOA’s could not prohibit the display of the American or State Flag

HB 5440: Michigan HOA’s could not prohibit the display of the American or State Flag

by | Feb 21, 2018 | Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer

Michigan House Bill 5440 was introduced on January 24, 2018. HB 5540 would prohibit a Michigan homeowner’s association or neighborhood association from prohibiting the display of the United States flag or the state flag of Michigan. HB 5540 provides as follows: Sec....