Autonomous Vehicles: Coming to a Condominium or HOA near you!

An autonomous vehicle, also known as a driverless car, self-driving car, or robotic car is a vehicle that senses its environment and operates without human input. On December 9, 2016, Governor Rick Snyder signed 2016 PA 332 into law and amended the Michigan Motor Vehicle Code to make Michigan the first state that allows for autonomous vehicles to be operated

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Condominium Association’s Right to an Easement

In today’s day and age, it is almost unheard of to own a parcel of real estate that is not in some way encumbered by an easement. An easement is an ownership interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose. For example, the overwhelming majority of real

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Kevin Hirzel to present on legislation impacting condo associations at Michigan CAI annual conference on March 10, 2017

On March 10, 2017, Kevin M. Hirzel, Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on the following bills that are pending or have recently passed and will have a significant impact on Michigan Condominium Associations: HB 4919. Michigan House Bill 4919 would amend MCL 559.160 to prevent the inclusion of anti-lawsuit provisions in condominium documents. Anti-lawsuit

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What Happens When Condominium Documents Conflict?

When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores

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MICHIGAN COURT VALIDATES FORECLOSURE SALE UNDER THE DOCTRINE OF SUBSTANTIAL COMPLIANCE

On February 14, 2017, the Michigan Court of Appeals issued an unpublished opinion in the matter of Miehlke v Bayview Condominium Association of Manistee, et al.  The Miehlke case is important as a reminder that a defect in a foreclosure notice renders a foreclosure sale voidable rather than void and if a junior lien holder wishes to preserve its interest

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IRS Revenue Ruling 70-604 and MCL 450.2541(2)(b): The Value of Expert Advice

Many individuals and corporations, including community associations, are currently preparing their tax returns.  For associations with excess revenue this process most likely involves a determination of whether to exercise an election under IRS Revenue Ruling 70-604.  A proper election under Revenue Ruling 70-604 can be used to reduce an association’s taxable income by deducting from taxable income any excess assessments

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Michigan court rules in favor of condominium association in interpreting newly amended MCL 559.167 (SB 610)

Kevin Hirzel of CMDA recently scored an important victory for Michigan condominium associations in Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017).  The Oakland County Circuit Court held that the  MCL 559.167, as amended by 2016 PA 233, does not

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