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In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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