UPDATE: 12/4/24 On December 3, 2024, the U.S. District Court for the Eastern District of Texas (Sherman Division) issued a preliminary injunction in favor of the plaintiffs in Texas Top Cop Shop, Inc. et al. v. Garland (U.S. Attorney General). In its ruling, the Court...
Firm News
Understanding Short-Term Rentals in Condos and HOAs in Michigan
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...
It’s Election Time Again: Can Your Community Association Regulate Political Signs?
Each election season, we receive questions about political signs in condominiums and homeowners associations. Can community associations restrict political signs, and what are some of the considerations? Freedom of Speech There is a US Supreme Court case, Reed v. Town...
Indemnification in Community Associations
Indemnification is a contractual or statutory obligation for one party to compensate or defend another party for its liability or losses. Homeowners associations and condominium associations may encounter indemnification in their relationship with their directors,...
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’...
Directors and Officers: Qualification, Election, and Replacement
Who is qualified to be a director or officer of a condominium association or homeowners association? Who elects them? How are they replaced? Qualification for Directors The Michigan Condominium Act does not establish any qualifications for directors or officers....
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...
Aging in Place: Considerations for Condominium Associations
Livability AARP maintains a Livability Index (), scoring neighborhoods and communities across the U.S. for their impact on seniors. The index identifies availability of multi-family housing, the percentage of housing units that are not single-family, detached homes,...