Understanding Easement Rights Between Adjoining Condos: What Hunters Woods Teaches Us Easement disputes between adjoining condominium associations can often lead to complicated and contentious legal battles. This is especially true in phased developments where multiple condominium communities share infrastructure, utilities, or access roads, yet their ownership and use rights may not always be clearly defined. One such case, Hunters Woods…
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“[R]estrictions for residence purposes, if clearly established by proper instruments, are favored by definite public policy. The courts have long and vigorously enforced them by specific mandate.” Oosterhouse v Brummel, 343 Mich 283, 287; 72 NW2d 6 (1955). Property owners within community associations across Michigan and the nation are increasingly installing swim spas in their backyards, though often in violation…
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As recently decided by the Michigan Supreme Court in Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), a co-owner on the condominium’s common elements is now classified as an invitee under Michigan law entitled to have the premises made safe and warnings of known dangers thereon by the condominium association. The condominium association under Janini…
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Did you know that Michigan’s HB 5019, a new bill pending in the Michigan House, aims to bring significant changes to the way condominium associations manage their reserve funds? Currently, Michigan law requires that condominium associations maintain a reserve fund for major repairs and the replacement of common elements. The state administrative code mandates that this reserve fund must be at…
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Condominium Association’s Legal Duty to Co-Owners: Key Takeaways from Janini v. London Townhouses Recently, the Michigan Supreme Court decided the case of Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), concluding that a co-owner of a condominium unit is an invitee under Michigan law if that person enters the common elements of the condominium, and…
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When managing a community association, the question of whether board members should receive discounts on their assessments can arise. While it might seem like a small gesture of appreciation for their volunteer service, there are several reasons why this practice is not in the best interest of the community. Legal and Financial Implications Financial Burden on Other Owners Discounting assessments…
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