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In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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 Kevin Hirzel | 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...
by Kevin Hirzel | 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In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium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...
by Kevin Hirzel | Apr 5, 2019 | Board of Directors, Condo and HOA Cases, Department of Housing and Urban Development (HUD), Director and Officer Liability, Emotional Support Animals, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer
In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s...
by Kevin Hirzel | 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...
by Courtney Q Moore | Feb 18, 2019 | Board of Directors, Bylaws, Condo and HOA Assessments, Condo and HOA Cases, Maintenance, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer
Introduction In Michigan, the laws related to the governance of the formation and operation of condominium projects are found in the Michigan Condominium Act (the “Act”), MCL 559.101, et seq. MCL 559.205 of the Act requires a condominium association to maintain a...
