When buying a condominium in Michigan, one crucial question often arises: Who is responsible for unpaid assessments—the seller or the buyer? Michigan law, specifically MCL 559.211, does provide some protection for buyers, but a recent case from the Michigan Court of Appeals, Holcomb v. Harbour Pointe Condo. Ass’n, makes clear that this protection only goes so far. It does not…
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When you purchase property in a master-planned resort community, it’s easy to assume that all amenities such as yacht clubs, golf courses, or clubhouses are simply part of the package. But what happens when the fine print in your master deed obligates you to become a member of a private club, and then that club changes? That’s exactly what happened…
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In 2024, over 500,000 bankruptcy cases were filed in the U.S., a 14% increase from the prior year. With 2025 expected to bring even more filings, many condominium and HOA boards are facing a harsh reality: how to handle bankrupt owners while staying compliant with federal law and protecting the association’s finances. Missteps in handling bankruptcy can cost your association…
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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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The governing documents of a condominium association are intended to address the various provisions and restrictions that apply to the co-owners and the association. The condominium documents, however, simply cannot address each and every specific situation that may arise. Or a provision in the condominium documents may address a topic in general terms without identifying how that provision is to…
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