Michigan Court of Appeals rules that deed restrictions recorded outside of the chain of title are unenforceable

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In Petersen Financial LLC v Twin Creeks LLC, issued November 22, 2016 (Docket No. 329019) (Published Opinion) the Michigan Court of Appeals held that deed restrictions that were not within the chain of title were not enforceable. In 2000, Twin Creeks, LLC owned the complete parcel of land that was located in the Twin Creek Development (hereinafter “Twin Creek”). In

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CAI Files Comments on Proposed Regulations to Encourage a Process that Allows More Condominiums to Qualify for FHA Certification

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  The following update comes from Dawn Bauman at CAI’s Government Affairs Blog: There are approximately 145,000 to 155,000 condominium projects in the U.S., according to the Foundation for Community Association Research (FCAR). As of October 2016, 9,866 condominiums—less than 7 percent of condominium projects nationwide—were Federal Housing Administration (FHA) certified. If a condominium project is FHA certified, that means

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Turkey Deep-Fryers in Condominiums: Crispy and Delicious but Bad for You Financially

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Introduction Deep fried turkey combines the deliciousness of a well-cooked turkey with the crispiness of deep-fried goodness.  Thanksgiving is one of the few opportunities many families have to enjoy a deep-fried turkey because of the time and attention needed to use a deep-fryer, especially one able to handle a ten pound turkey.  What can go wrong? Thanksgiving is the peak

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Is a co-owner entitled to a reasonable accommodation to use medical marijuana under the Federal Fair Housing Act?

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On November 8, 2016, Florida, North Dakota and Arkansas joined 25 other states and the District of Columbia in approving the use of medical marijuana. Now that medical marijuana is legal in more than half of the states in the United States, medical marijuana use is becoming an issue that condominium associations are forced to deal with. Many condominium bylaws

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Kevin Hirzel collects $200,000 in unpaid Condominium Assessments

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On December 21, 2012, the City of Fenton acquired 52 undeveloped units in the Waters Edge Townhomes Condominium from the Genesee County Treasurer after a tax foreclosure sale. Pursuant to MCL 559.108, MCL 559.137 and the master deed, each of the units was assigned a percentage of value. Upon becoming a co-owner, by virtue of its acquisition of the units,

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Charter Township of Lyon v Petty: The Exercise of “Discretion” in Enforcing Zoning Ordinances

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Introduction              Through the Zoning Enabling Act, MCL 125.3101, et seq., Michigan has delegated to its municipalities many of the functions related to the regulation and development of land.  With this delegation comes a responsibility to administer and enforce land use restrictions properly adopted by the municipality.  In many instances, however, strict enforcement (i.e., enforcement), of the zoning act could

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Proposed Amendment to the Michigan Condominium Act: House Bill 5980 (2016) would require mediation of disputes prior to initiating litigation under MCL 559.154

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Michigan House Bill 5980 was introduced on October 19, 2016. House Bill 5980 would amend MCL 559.154, Section 54 of the Michigan Condominium Act, and require that all disputes between co-owners and/or the Association, including those that involve the interpretation of the condominium documents, be submitted to mediation prior to any party commencing a lawsuit, unless the dispute is submitted

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