Maintenance Repairs & Common Elements

Common complaints that co-owners have about the condominium’s master deed and bylaws are that they are poorly written, full of legalese, and are difficult to understand.  When it comes to the responsibilities of the condominium association and co-owners to maintain, repair, and replace the common elements and the unit, a maintenance matrix be helpful to clearly and simply identify whether…

The majority of new residential condominium and subdivision developments in the State of Michigan are established with private roads. When a new condominium project or subdivision is established with private roads, the roads are typically identified as a “common element” or a “common area” and are owned collectively by all members of the applicable condominium or homeowners association. When roads…

Ownership and use of common areas in platted subdivisions is one of the more complicated areas of real estate law and has been the subject of conflicting caselaw in the State of Michigan. In Otto v Batdorfer, unpublished per curiam opinion of the Court of Appeals, issued February 17, 2022 (Docket No. 355936), the Michigan Court of Appeals analyzed this…

It is not uncommon for condominiums and homeowners associations that are located within close proximity to each other to be part of a master homeowners association.