Rentals
Many community associations adopt this type of restriction to limit the number of units being leased at one time.
What is a rental cap?
To prove disability discrimination under the Fair Housing Act, an owner must show they have a disability, requested this, the association refused it, and the association knew or should have known about the disability.
What is a reasonable accomodation?
A type of fee that Michigan Courts have held cannot be charged for reviewing plans from owners unless expressly permitted under the governing documents.
What is an ACC Review Fee?
A type of rules that courts have struck down when they require children under the age of 18 to be supervised by a parent or guardian around water.
What are pool rules?
A location that an association is not required to permit the installation of solar panels under the Homeowners Energy Policy Act.
What is a shared roof?
A common restriction in governing documents can be used to ban rentals if rentals are not allowed under the zoning ordinance but are not expressly regulated under the governing documents.
What is a restriction on illegal activity?
HUD guidance states that letters from these providers are not sufficient to support an emotional support animal request if the provider has no personal knowledge of the resident.
What are online health care providers?
The name of the agreement that a co-owner enters into with an association if they would like to make changes to the common elements
What is a modification agreement?
The time period for a 55+ community to conduct a survey of its membership to maintain a HOPA exemption.
What is every 2 years?
A set of rules required by the Homeowners Energy Policy Act that must be adopted by an association, provided to all members, and posted online if the association has a website.
What is a written solar energy policy statement?
The minimum amount of time under the Michigan Condominium Act that an owner must provide notice to the association of its intent to rent a unit.
What is 10 days?
Courts have held that it is reasonable for an association to grant this accommodation to keep a child with a disability in a yard, but not to keep an emotional support animal in a yard.
What is a fence?
When an owner constructs a structure that exceeds the approval granted by the association, such as building a shed larger than permitted, courts may order this remedy.
What is an injunction?
A restriction limiting occupancy to persons 55+ under HOPA is enforceable; however, this other type of restriction limiting property rights has been found to violate the HOPA exemption.
What is a restriction on ownership?
When a member submits a solar panel application, the association must act within 30 days. But if no solar policy has yet been adopted, the Homeowners Energy Policy Act extends this decision window to this many days.
What is 120 days?
While not an express ban on rentals, this common restriction in governing documents effectively bans short-term and long-term rentals.
What is a commercial use restriction?
If a condominium association receives a request to modify the common elements or a unit for disability access, the request is deemed approved under the Michigan Condominium Act if the association does not respond in this amount of time.
What is 60 days?
Many governing documents prohibit these extra structures, such as detached garages, sheds, or pool houses, unless expressly permitted and approved.
What are auxiliary or outbuildings?
A type of person who is protected under the Fair Housing Act from familial discrimination but does not have any children.
What is a pregnant person?
The solar energy policy cannot impose standards that reduce the annual electrical production of a system by more than this percentage, or increase the installation cost by more than $1,000.
What is 10%?
The minimum amount of time under the Michigan Condominium Act that an association must provide notice to an owner of a bylaw violation before evicting a tenant.
What is 15 days?
Even if a resident requests marijuana use as a disability-related accommodation, a community association is not required to grant it because of this federal law.
What is the Controlled Substances Act?
Landscaping and exterior improvements often require association approval. However, Michigan courts have held that these natural features are not considered “structures” when the governing documents are silent.
What are trees?
The Housing for Older Persons Act (HOPA) allows 55+ communities to legally limit occupancy, but only if this percentage of units are occupied by at least one resident age 55 or older.
What is 80%?
The maximum distance that solar panels may extend above or beyond a roof line for a solar panel installation under the Homeowners Energy Policy Act.
What is 6 inches?