Michigan Passes Law Allowing Owners And HOAs To Remove Discriminatory Restrictions From Deeds And Other Recorded Documents

MAKOWER ABBATE GUERRA VOLLMER: A new Michigan law went into effect on December 13, 2022 called the Discharge of Prohibited Restrictive Covenants Act (“Act”). This Act gives Michigan property owners and Michigan community associations a new and easy way to affirmatively remove discriminatory restrictions from deeds and other recorded documents. If a restriction is found in recorded community association documents such as a subdivision declaration or condominium master deed, the Act removes the requirement for owner approval and instead empowers the board to act either on its own or at the urging of an owner. Indeed, if an owner makes written demand on a community association board to act to remove such discriminatory language, the Act requires the board to act.…READ MORE