In Michigan, many condominium documents contain a limitation that a Unit may be used for "residential purposes" only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of property subject to public policy limitations. Kaczynski v. Lindahl, 5 Mich App 377; 146 NW2d 675 (1996). Lately, the…
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Each year the CAI Law Seminar Planning Committee reviews over 50 presentations and topic submissions focused solely on community association law from over 100 potential presenters to determine the breakout sessions for the following year's event. Only one-third of the presentation and topic submissions are selected.
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WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the debate over HOA's. The interview discusses the pros and cons of Homeowner's Associations, what you need to know before entering into binding agreements with your association and how your day to day living will be impacted by that associations "rules and regulations". This interview also discusses how entering into binding…
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In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner could not erect a fence in order to keep her emotional support and service dogs in…
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In Michigan, a significant portion of commercial and residential real estate development occurs through the creation of either subdivisions or condominiums. Typically, an owner of a large parcel of land will establish a condominium or subdivision as a means of dividing the land into various smaller lots (called “units” in a condominium) that can be individually sold. Although the more…
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Michigan condominium associations and co-owners should be aware that the boundaries of condominium units are not necessarily fixed and may be changed provided that certain requirements are satisfied under the Michigan Condominium Act, MCL 559.101, et seq. By way of example, a single co-owner may purchase adjoining condominium units in a traditional attached condominium and desire to relocate the boundaries…
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