Condominium developments in Michigan often include significant infrastructure improvements, including private roads, utilities, and drainage systems. Because these improvements are essential to the use and value of the project, the Michigan Condominium Act requires developers to provide financial security to ensure completion of those improvements. In Hills of Lone Pine Ass’n v Texel Land Co, Inc, 226 Mich App 120;…
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Most condominium and homeowners associations have deed restrictions that govern the process that homeowners must follow to complete exterior alterations to their homes. Condominium and homeowners associations frequently enforce these deed restrictions to preserve neighborhood character and property values. Disputes often arise, however, when homeowners proceed with exterior changes before obtaining the required approval or meeting other requirements present in…
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Condominium associations frequently insure aging common elements, such as clubhouses, recreation centers, maintenance buildings, and other shared facilities, under replacement cost property insurance policies. Condominium and homeowners associations may assume that replacement cost coverage will fully fund rebuilding after a catastrophic loss. However, as Piatt Lake Bible Conference Association v Church Mutual Insurance Co., No. 2:23-CV-73, 2025 WL…
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When “As-Is” Doesn’t Mean “Anything Goes”: Developer Sues County Treasurer for Conveying Nonexistent Condominium Units Governmental entities and condominium and homeowners associations frequently dispose of foreclosed properties to private purchasers or developers through settlement agreements or deeds that include “as-is, without warranty” clauses. These provisions are intended to protect sellers from liability over the property’s physical condition. However, such language…
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Can a Michigan Condominium Association Remove an Aggressive Dog Without Notice? Disputes involving the enforcement of condominium deed restrictions and restrictive covenants can raise serious questions about the rights of individual condo unit owners (formally referred to as co-owners) and how restrictions within condominium governing documents should be interpreted and applied, especially when those restrictions are being used as a…
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Seasonal Docking Rights in Michigan Subdivisions: Understanding Property Use Restrictions Homeowners associations often adopt deed restrictions that govern the way property can be used within their communities. These restrictions can influence what property owners can place on their land and whether they can construct, replace, or expand on these items. In addition to deed restrictions, local zoning ordinances can…
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