August 2018

Construction Defects & Developer Turnover• August 20, 2018

How to Avoid Construction Liens in Michigan Condominium Projects

Condominium associations hire contractors for capital improvements, repairs and for restoration work to the general and limited common elements, if appropriate. When a condominium association hires a contractor to provide labor, services or materials to the condominium and then fails to make payment for any reason, the contractor may record a construction lien against the condominium unit(s) in the condominium…
Read More →
Condo & HOA Collections• August 1, 2018

MI Court Rules that MCL 559.208 Does Not Protect a Condominium Association’s Lien Priority after Taking a Deed in Lieu of Foreclosure

In Stonehenge Condominium Association v Bank of New York Mellon Trust Company, NA, unpublished opinion of the Court of Appeals, issued July 24, 2018 (Docket No. 339106), the Michigan Court of Appeals held that a condominium association’s lien priority over a second mortgage was extinguished when the association received a deed to the condominium unit from the co-owner instead of…
Read More →