Category: Condo and HOA Cases

HB 5611: Michigan extends deadline to preserve covenants under the Marketable Record Title Act

The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants.  Fortunately, the Michigan legislature recently amended the Marketable Record Title Act via HB 5611, and extended the time period for a property owner or homeowners association to record a notice to […]

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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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Court Holds Early termination of Manager causes Condo Association to Breach Property Management Contract

Introduction In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor of a condominium association and remanded the case back to the Kent County Circuit Court for entry of judgment in favor of an ousted property […]

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Boundary Line Disputes and Automatic Easements under the Michigan Condominium Act

In today’s day and age, it is almost unheard of to own a parcel of real estate that is not encumbered by an easement. An easement is an interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose. For example, most parcels of real estate are encumbered with easements […]

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Condo Board Members Protected by Qualified Privilege in Co-Owner’s Defamation Claim

               In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals,  Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit Court that dismissed a defamation claim brought by a co-owner against a condominium association, individual board members and the […]

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