The growing popularity of short-term rental platforms like Airbnb and VRBO has sparked significant interest among property owners, as well as concern among homeowners' associations (HOAs) and condominium associations. In Michigan, the regulation of short-term rentals...
Corene C. Ford
Michigan’s House Bill 5028’s Applicability to Condo Associations is Questionable
On July 8, 2024, Michigan’s governor signed House Bill 5028 into law. Section 5(1) of HB 5028 invalidates provisions in a “homeowners’ association agreement” that do any of the following: (a) A provision that prohibits, or requires the approval of a homeowners’...
The Dangers of Frivolity in Civil Cases: The Consequences of Filing a Frivolous Lawsuit or Asserting Frivolous Defenses
On more than one occasion, I have had clients say things akin to “well, can’t we just sue them and see what happens?” or “what if we just say that he/she did this, then they can’t win their case, right?” The answer to both of these questions is “no.” It’s my job as an...
Federal District Court Rules Corporate Transparency Act Unconstitutional: What Impact does this have on Residential Associations?
Regular readers of the Tilchin & Hall Law Blog will already be familiar with the federal Corporate Transparency Act (CTA) from Corene Ford’s December 2023 post on the CTA and its impact on residential associations. To briefly recap, the CTA, with its stated goal...
The Crucial Importance of Estate Planning
Estate planning is not just for the rich or the elderly; it is an important part of being financially responsible and taking care of your loved ones. However, it is often an issue that is avoided or ignored until it is too late. Estate planning should be a priority...
Maximizing the Chances of Success of Your Community in Light of the Latest Fannie Mae and Freddie Mac Lending Guidelines for Condominiums and Cooperatives
Shortly after the collapse of the Champlain Towers Condominium in Surfside, Florida in 2021, Fannie Mae (“Fannie”) and Freddie Mac (“Freddie”), the government-sponsored entities which support the secondary mortgage market in the US and wield enormous power over...
The Corporate Transparency Act’s Impact on HOAs and Condominium Associations
Homeowners Associations (HOAs) and Condominium Associations play large role in maintaining order, managing common spaces, and preserving property values. These organizations are in most cases run by a board of directors made up of volunteers. The recent introduction...
General Considerations for Handling Modification Requests from the Association’s Perspective
Architectural control and the authority to approve modifications are some of the most important responsibilities of a residential association and can present difficult issues. Both homeowners associations and condominium associations will often have the authority to...
Residential Landlords: Don’t Blindly Trust your Property Management Company’s Residential Lease
Lately, it seems I am doing a lot of reviews for landlord clients of leases provided to their tenants by property managers they hired to manage their residential properties. It is clear after review of many of these leases that either the property managers have: 1)...
Director v. Officer Removal in the Residential Association Context
At least once a year I receive a call from a board member or property manager in which I am informed that the board of directors has voted a fellow director off the board. When I inform the caller that this is probably not possible in the typical residential...