HOA Bylaws: Not an End Around Existing Covenants

A homeowners association (HOA), through its bylaws, mandated preapproval of all new development by an architectural control committee, created additional building standards, and required submission of a fee for all plans. Property owners, who were seeking to build more homes, sued the HOA in an effort to invalidate these new requirements. In Conlin v. Upton, 313 […]

Restrictive Covenants Limiting Short-Term Rentals

In Eager v. Kaurich Trust, (Mich. App. No. 336460, Nov. 30, 2017, unpublished), a property owner sought to enjoin a neighbor from renting out a lake house for short-term use, arguing that the rental violated the subdivision’s restrictive covenants. The trial court denied the request, finding that the restrictions’ limitations on the use to “private occupancy” and […]

Homeowners Association Bylaws: Not an End-Around of Existing Covenants

A homeowners association in Michigan, through its bylaws, mandated preapproval of all new development by an architectural control committee, created additional building standards, and required submission of a fee for all plans, none of which were in the restrictive covenants of the neighborhood. Property owners, who were seeking to build homes, sued the homeowners association […]

Michigan Residential Builders: Stop Paying Local Taxes on Unoccupied Buildings!

All Michigan residential builders and Michigan home-owners know that the board of a local school district may levy up to 18 mills for school operating purposes. For home-owners, at least regarding a home-owner’s principal residence, the way to get around having to pay this tax is to file a Principal Residence Exception Affidavit with the […]

Avoid Common Lease Mistakes Made By Residential Landlords

Time and time again, we see landlords encounter issues with tenants that were completely avoidable. A well drafted lease can include provisions that safeguard landlords against some very typical problems and save the landlord time and money in the future. One of the most common problems encountered by a landlord is a tenant that is […]