April 2017

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

HOA Bylaws: Not an End Around Existing Covenants

HOABy Abby H. Cooper, Cooper & Riesterer PLC

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 Mich. App. 243 (2015), the Court of Appeals confirmed that HOA bylaws which purport to “interpret” a restrictive covenant will not be enforced if they amount to an additional burden on the land.

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Attorney Fees for Arbitration Under CLA?

CLABy Howard Lax, Bodman PLLC

In Ronnisch Constr. Group v. Lofts on the Nine LLC, 499 Mich 544 (2016), the contractor that constructed a lofts-style building recorded a construction lien under the Construction Lien Act, MCL §§ 570.1101 et seq. (CLA) when a dispute arose with the property owner regarding final payment. The contractor then sued under the CLA in the circuit court where the real property is located to enforce the construction lien, and included a request for binding arbitration for the breach of contract claim in the same action. The circuit court action was stayed during the arbitration. Ultimately, the contractor received an arbitration award in its favor.

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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Glen Zatz gzatz@bodmanlaw.com, Howard Lax HLax@bodmanlaw.com, or Pat Paruch pat.paruch50@gmail.com.

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The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.