In condominiums with marinas, disputes often arise over who controls access to shared amenities, such as boat slips, and how those costs are allocated. In many cases, rights to control the marina, access to boat slips, and cost-sharing for marina amenities are disputed. In Harbor Isles Marine, LLC v Estate of Chodock, unpublished opinion of the Court of Appeals, issued…
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One reason individuals choose to live in a condominium is the amenities, such as a clubhouse, swimming pool, and tennis court. Condominiums located next to each other frequently share amenities, and issues such as how costs will be shared and who will make maintenance and repair decisions about the amenities are typically addressed in the master deeds or separate maintenance…
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A common misconception among delinquent condominium co-owners is that once a condominium lien is recorded against their unit, there is nothing they need to do about it if they do not intend to sell or refinance their property. Unfortunately, this assumption is incorrect and can lead to significant financial consequences. Under the Michigan Condominium Act, unpaid condominium assessments create a…
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Condominium associations in Michigan frequently adopt bylaws and restrictive covenants intended to promote the safety and well-being of their communities. Some condominium and homeowners associations consider restricting occupancy or ownership by individuals with prior criminal convictions. However, federal and state fair housing laws can limit how and whether such restrictions may be imposed. In Lyman v Montclair at Partridge Creek,…
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On March 19, 2026, a federal court in Texas ruled that the new FinCEN residential real estate rules were unenforceable. A copy of the opinion can be found here: Flowers Title Companies, LLC v. Bessent et al, (E.D. Tex. 2026). FinCEN has indicated that reporting under the FinCEN rule for residential real estate transactions will not be required while the…
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Disputes over undeveloped condominium units frequently turn on a narrow statutory question: does former MCL 559.167 apply when a developer fails to designate units as either “must be built” or “need not be built” in the master deed? Because undeveloped units can represent significant retained development value, the answer to that question carries serious financial and governance consequences for condominium…
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