HB 4416 – 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.…