DRONES: REGULATION UNDER STATE AND FEDERAL LAW, AND CONTROLLING VIA A COMMUNITY’S GOVERNING DOCUMENTS

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Michigan Condominium Act

Evan Alexander

 

Evan M. Alexander, Esq. *

Unmanned aircrafts, commonly known as drones, are becoming increasingly popular both for recreational and business uses. Technological advancements have increased those potential uses and brought the costs down. Given the popularity, constant technological advancements and the potential risks and dangers, it is important for community associations to be proactive in addressing potential issues before they become real problems. This article will provide a brief review of recent legislation and some insight into a community association’s rights.

Michigan Regulation

Effective April 4, 2017, Michigan enacted the Unmanned Aircraft Systems Act (the “Act”) which addresses the operation and regulation of unmanned aircrafts (a/k/a drones). An “unmanned aircraft” under the Act is defined as “an aircraft flown by a remote pilot via a ground control system, or autonomously through use of an on-board computer, communication links, and any additional equipment that is necessary for the unmanned aircraft to operate safely.” (MCL 259.303(d)) Additionally, an “unmanned aircraft system” expands upon the definition to include all of the associated support equipment and other equipment necessary to operate the unmanned aircraft. Continue reading

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