On December 1, 2016, the Grand Traverse County Circuit Court ruled that units could not be added to a condominium after the expiration of the six (6) year time frame contained in MCL 559.132 in Irish v Scheppe Investments, Inc., et. al., Grand Traverse County Circuit Case No. 2016-031750-CH. As was discussed in Was your Condominium Properly Expanded under the…
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In Petersen Financial LLC v Twin Creeks LLC, issued November 22, 2016 (Docket No. 329019) (Published Opinion) the Michigan Court of Appeals held that deed restrictions that were not within the chain of title were not enforceable. In 2000, Twin Creeks, LLC owned the complete parcel of land that was located in the Twin Creek Development (hereinafter "Twin Creek"). In…
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On November 8, 2016, Florida, North Dakota and Arkansas joined 25 other states and the District of Columbia in approving the use of medical marijuana. Now that medical marijuana is legal in more than half of the states in the United States, medical marijuana use is becoming an issue that condominium associations are forced to deal with. Many condominium bylaws…
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On December 21, 2012, the City of Fenton acquired 52 undeveloped units in the Waters Edge Townhomes Condominium from the Genesee County Treasurer after a tax foreclosure sale. Pursuant to MCL 559.108, MCL 559.137 and the master deed, each of the units was assigned a percentage of value. Upon becoming a co-owner, by virtue of its acquisition of the units,…
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Michigan House Bill 5980 was introduced on October 19, 2016. House Bill 5980 would amend MCL 559.154, Section 54 of the Michigan Condominium Act, and require that all disputes between co-owners and/or the Association, including those that involve the interpretation of the condominium documents, be submitted to mediation prior to any party commencing a lawsuit, unless the dispute is submitted…
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The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that…
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