Michigan Laws 565.866 – Homeowners’ or property owners’ association; authority to discharge a prohibited restriction; requirements; execution; recording with register of deeds
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Terms Used In Michigan Laws 565.866
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Discharge form: means the discharge of a prohibited restriction form described in section 5. See Michigan Laws 565.862
- Prohibited restriction: means a restriction, covenant, or condition, including a right of entry or possibility of reverter, that purports to restrict occupancy or ownership of property on the basis of race, color, religion, sex, familial status, national origin, or other class protected by the fair housing act, title VIII of the civil rights act of 1968, Public Law 90-284, in a deed or other instrument. See Michigan Laws 565.862
(1) A homeowners’ or property owners’ association, acting through a simple majority vote of its board, may record a discharge form to remove any prohibited restriction in a deed or other instrument that affects a property governed by the homeowners’ or property owners’ association.
(2) If the board of a homeowners’ or property owners’ association receives a written request by a member of the association that the board exercise its authority under subsection (1), the board shall determine within a reasonable time whether a prohibited restriction is present in a deed or other instrument. If the board determines that a prohibited restriction is present in a deed or other instrument, the board shall record a discharge form, as provided under this subsection and subsections (1), (3), (4), and (9).
(3) Board action under subsection (1) or (2) does not require the vote or approval of the property owners.
(4) A discharge form prepared under subsection (1) or (2) may be executed by any officer authorized by the board.
(5) The board of directors of an association of co-owners of a condominium, acting through a simple majority vote of the board, may record a discharge form to remove any prohibited restriction in a deed or other instrument that affects a property governed by the board.
(6) If the board of directors of an association of co-owners of a condominium receives a written request by a co-owner that the board exercise its authority under subsection (5), the board shall determine within a reasonable time whether a prohibited restriction is present in a deed or other instrument. If the board determines that a prohibited restriction is present in a deed or other instrument, the board shall record a discharge form, as provided under this subsection and subsections (5), (7), (8), and (9).
(7) Notwithstanding section 90 and 90a of the condominium act, 1978 PA 59, MCL 559.190 and 559.190a, board action under subsection (5) or (6) does not require the vote or approval of the condominium co-owners or mortgagees.
(8) A discharge form prepared under subsection (5) or (6) may be executed by any officer authorized by the board.
(9) A discharge form prepared under this section must be recorded with the register of deeds for the county where the property is located.