Who Pays for Maintaining Shared Easements Between Multiple Condominium Associations?

Introduction              Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects.  In some cases, a developer may create an overarching project and then record a series of subdivision plats or condominium master deeds over years to finalize its development.  In […]

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What are the mandatory Provisions in Condominium Bylaws?

Pursuant to Section 53 of the Michigan Condominium Act, MCL 559.153, the administration of a condominium project must be governed by condominium bylaws that must be recorded as part of the master deed.  The Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) and the Administrative Rules of the Department of Licensing and Regulatory Affairs (“LARA”), R 559.101, et seq., […]

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BUSINESS INTERRUPTION AND LOSS OF USE INSURANCE CLAIMS RESULTING FROM COVID-19

In Michigan, as in most states, the state authority has significantly limited access to public places, stores, restaurants, movie theaters, offices, and other businesses through the issuance of executive orders prohibiting such access. For businesses whose viability depends on the public’s ability to access that business’ physical location, the issuance of such orders has resulted in a loss of use […]

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Fighting the Financial Impact of Coronavirus (COVID-19): The Small Business Administration’s Paycheck Protection Program and Economic Injury Disaster Loan and Loan Advance

The Small Business Administration (“SBA”) has made two significant programs available to help small businesses withstand the financial impact of the coronavirus (COVID-19) epidemic on the United States economy: (1) the Paycheck Protection Program; and (2) the Economic Injury Disaster Loan and Loan Advance. Both programs are intended to help small businesses by providing funds for necessary operational expenses. Businesses […]

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Resolving Satellite Dish Location Disputes: Sastin 2, LLC v Hemingway Association, Inc

Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics.  For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure.  The installation and location of […]

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