Backyard Chickens – Fowl or Fair?

Most community associations will have a provision in their Bylaws or Declaration that effectively prohibits chickens from being kept in a backyard, such as “No farm animals, livestock, reptiles or exotic animals are allowed…” But some associations located in municipalities which do not ban chickens have been considering a change to their restrictions in light…

HB 4676 – Prohibited Restrictive Covenants Act

Unfortunately, you can still find shocking examples of racism in recorded real property restrictions, including condominium master deeds or subdivision declarations. A restriction might state that only “members of the white race” may own property in the development, for example. While they were likely recorded many years ago and are no longer enforceable under current…

Just. Follow. The. Rules.

Ob-sti-nate. adj. Stubbornly refusing to change one’s opinion or chosen course of action, despite attempts to persuade one to do so. We might add to the above definition a picture of the defendant in Fox Pointe Association v. Ryal, where summary disposition in favor of the plaintiff condominium association was recently confirmed by the Michigan Court…

Directors Serve Until Someone Else is Elected

Occasionally, we work with boards of directors that have not held an election for some time, usually because nobody else has ever expressed an interest in running as a candidate. A recent decision from the Michigan Court of Appeals makes clear that the board’s decisions are not invalidated just because elections have not been held.…

Making Sure HB 4219 Helps Community Associations

Recently, new state legislation was introduced that would significantly change property tax foreclosures. Right now, counties get to keep everything. So even if you owe just $1 and your house sells for thousands, it’s a big windfall for the county. However, if HB 4219 becomes law, it would ensure that owners of real estate are…

Court of Appeals Affirms Public Policy in Favor of Adult Care Facilities

Just about every condominium’s or subdivision’s bylaws has them – restrictions on “commercial” activity and the requirement that a home/unit be used only for “residential” purposes. However, litigation regularly erupts over whether certain activities are commercial or residential in nature. With regard to adult foster care facilities and whether they constitute commercial or residential activity…