Section 565.861 – Short Title.
565.861 Short title. Sec. 1. This act may be cited as the “discharge of prohibited restrictive covenants act”. History: 2022, Act 234, Imd. Eff. Dec. 13, 2022
Section 565.862 – Definitions.
565.862 Definitions. Sec. 2. As used in this act: (a) “Discharge form” means the discharge of a prohibited restriction form described in section 5. (b) “Person” means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity. (c) “Prohibited restriction” means a restriction, covenant, or condition, including a right […]
Section 565.863 – Recording a Deed With Prohibited Restrictions; Prohibition.
565.863 Recording a deed with prohibited restrictions; prohibition. Sec. 3. A person shall not record in the records of the register of deeds a deed or other instrument that contains a prohibited restriction. History: 2022, Act 234, Imd. Eff. Dec. 13, 2022
Section 565.864 – Prohibited Restrictions as Void; Unenforceable.
565.864 Prohibited restrictions as void; unenforceable. Sec. 4. (1) A prohibited restriction is void and has no legal effect. (2) A court or other person shall not enforce a prohibited restriction. History: 2022, Act 234, Imd. Eff. Dec. 13, 2022
Section 565.865 – Discharge of Prohibited Restrictions; Form.
565.865 Discharge of prohibited restrictions; form. Sec. 5. A discharge of prohibited restriction form may be recorded with the register of deeds for the county where the property is located. A discharge form recorded under this section must substantially conform to the following form: “DISCHARGE OF PROHIBITED RESTRICTION The document recorded at Liber ____ Page […]
Section 565.866 – Homeowners’ or Property Owners’ Association; Authority to Discharge a Prohibited Restriction; Requirements; Execution; Recording With Register of Deeds.
565.866 Homeowners’ or property owners’ association; authority to discharge a prohibited restriction; requirements; execution; recording with register of deeds. Sec. 6. (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 […]
Section 565.867 – Property Owner; Authority to Discharge a Prohibited Restriction.
565.867 Property owner; authority to discharge a prohibited restriction. Sec. 7. (1) A property owner may record in the records of the register of deeds for the county where the property is located a discharge form to remove any prohibited restriction. (2) A discharge form recorded under this section may be executed solely by the […]
Section 565.868 – Standing to File Action for Discharge of Prohibited Restriction.
565.868 Standing to file action for discharge of prohibited restriction. Sec. 8. (1) If a recorded deed or other recorded instrument contains a provision that is prohibited under this act, the owner, occupant, or tenant of the property that is subject to the provision or any member of the board of a homeowners’ or property […]
Section 565.869 – Recording of Discharge Form; Fees.
565.869 Recording of discharge form; fees. Sec. 9. As provided in section 2567 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567, a register of deeds is entitled to the fees under that section for recording a discharge form prepared and recorded under this act. History: 2022, Act 234, Imd. Eff. Dec. […]
Section 565.870 – Refusal to Remove Prohibited Restrictions; Liability; Costs and Attorney Fees.
565.870 Refusal to remove prohibited restrictions; liability; costs and attorney fees. Sec. 10. (1) A person that refuses, before recording, to remove from a deed or other instrument a prohibited restriction is liable for all actual court costs and reasonable attorney fees incurred in an action before a court of competent jurisdiction to enforce the […]
Section 565.871 – Duties Not Created by Act; Liability.
565.871 Duties not created by act; liability. Sec. 11. (1) Except as otherwise provided in section 6(2) and (6), this act does not create a duty on the part of an owner, occupant, tenant, association, board, or member or officer of a board to do any of the following as authorized under this act: (a) […]
Section 565.872 – Effect of Act.
565.872 Effect of act. Sec. 12. This act does not do either of the following: (a) Impose a duty on a register of deeds or employee of a register of deeds to inspect a deed or other instrument to determine whether recording the deed or instrument would violate this act. (b) Create a duty, a […]