Financial Issues, Budgets & Reserves January 11, 2017

The VA Home Loan Guaranty – A Valuable Resource for Veterans

A home loan through the Loan Guaranty program of the Department of Veterans Affairs (“VA”) presents a real opportunity for U.S. veterans to purchase a home when they may otherwise not be able to do so.  Benefits to a VA loan include lower interest rates, more flexible underwriting requirements, no down payment, and increased purchasing power.  One potentially under-utilized way…
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Community Association Governance & Meetings January 4, 2017

Transparency Breeds Legitimacy: 3 Tips for your Condominium Association to Avoid a Lawsuit

Many condominium board members volunteer to serve their condominium association for altruistic purposes. While often well intentioned, it is not uncommon for board members to not have any training that would make them aware of potential pitfalls that commonly entangle a condominium association in litigation. In other instances, co-owners may have self-interested motives for serving on a board that cloud…
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Construction Defects & Developer Turnover December 22, 2016

An Important Lesson For Condominium Developers

On December 15, 2016, the Michigan Court of Appeals issued an unpublished opinion in the matter of Woodland Estates, LLC v. City of Sterling Heights and County of Macomb. The Woodland Estates case should be taken as a warning to developers. This case illustrates the importance of obtaining legal advice from an attorney throughout all stages of the development process. The…
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Construction Defects & Developer Turnover December 19, 2016

Michigan Court Rules that MCL 559.132 Does Not Allow for a Condominium to be Expanded to Add Units After 6 Years.

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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Bylaw & Covenant Enforcement December 5, 2016

Michigan Court of Appeals Rules that Deed Restrictions Recorded Outside of the Chain of Title are Unenforceable

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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