A recent decision by the Michigan Supreme Court in Haan v. Lake Doster Lake Association means that members of community associations who have docks on a lake should check their deeds and governing documents. If an easement for a dock is not specifically provided in writing, it may be that the owner only has a revocable license to maintain the dock on a lake which is owned by an association. That means the association may have the right to demand that the dock be moved or even disallow the further maintenance of a dock entirely.
Maybe it’s a consequence of how relaxing it is to live on a lake, but we have seen far too many issues arise from poorly written, informal, or oral agreements between associations and owners of lakefront property. Be sure to consult with us if you need to clarify your rights.
