February 4, 2019
In Oak Valley Estates Homeowners Association v Georgetta Livingstone, Unpublished Opinion of the Michigan Court of Appeals, Docket No. 338292 (January 22, 2019), the Michigan Court of Appeals upheld a monetary judgment in favor of a condominium association, for fines and attorney’s fees and costs, after granting an injunction requiring that a co-owner remove solar panels, a wind turbine and…
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January 12, 2018
As previously discussed in HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits, it is not uncommon for developers to insert anti-lawsuit provisions into condominium documents that later have drastic consequences for Michigan condominium associations. In Sawgrass Ridge Condominium Association v Louis J Alarie, et. al., unpublished opinion of the Court of Appeals, issued January 9, 2018…
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November 1, 2017
UPDATE: This opinion was subsequently reversed by the Michigan Supreme Court on July 24, 2019 in a 5-2 decision. A copy of the Supreme Court's opinion can be found here.In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated…
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March 31, 2017
HB 4446 will make it easier for condominium associations to enforce routine bylaw violations, collect assessments and defend themselves in litigation. Most co-owners would expect a condominium board to handle routine matters such as bylaw violations, collecting assessments or defending lawsuits, and co-owner apathy should not prevent condominium associations from handling these types of matters.
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January 19, 2017
What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses. With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S. businesses are based out of an owner’s home[1]. In addition, with technological advances, many tasks…
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December 5, 2016
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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