When most people think of condominiums, they typically picture a traditional residential condominium project, such as attached townhouses or loft-style units. While the majority of condominium developments in Michigan are residential projects, condominiums can also be developed for commercial or business purposes. The Michigan Condominium Act has special rules that apply exclusively to business condominiums. What is a Business Condominium…
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Michigan Court of Appeals Issues Important Opinion Concerning Reversion of Undeveloped Condominium Units to General Common Elements On September 17, 2025, the Michigan Court of Appeals issued an unpublished Opinion in the matter of Charter Twp of Fenton v Fenton Orchards Condo Ass’n, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2025 (Docket No. 370733) addressing…
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Background: What is a Successor Developer? Many mortgage lenders, municipalities, and real estate investors are surprised to learn that they may suddenly be treated as a “successor developer” under Michigan condominium law after simply acquiring ownership of certain units in a condominium project. Under MCL 559.106(2), a “developer” is defined as “a person engaged in the business of developing a…
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On December 29, 2022, the Michigan Court of Appeals issued an unpublished opinion in the matter of Alexander Queen v Woodbury Green Condominium Association, unpublished per curiam opinion of the Court of Appeals, issued December 29, 2022 (Docket No. 359092) addressing the issue of a prescriptive easement being claimed by a property owner outside of a condominium project over a…
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The overwhelming majority of condominium and homeowners associations will, at some point in time, need to enter into a large construction contract for a major repair or replacement. Complex construction contracts are more frequent in condominiums, where associations have a much larger number of items that they are responsible for maintaining. However, even smaller homeowners associations may have to contract…
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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…
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