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Introduction In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor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               In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals,  Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit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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HIRZEL LAW WINS SUMMARY DISPOSITION! COURT HOLDS THAT DOG WHO BIT NEIGHBORING CO-OWNER IS A DANGEROUS ANIMAL AND MUST BE REMOVED FROM THE CONDOMINIUM PREMISES.

Joe Wloszek and Katherine Hopkins of Hirzel Law, PLC represented Parkview at Orion Commons Condominium Association. In Parkview at Orion Commons Condominium Association v Rouhan, the Oakland Circuit Court held that a dog who bit a neighboring co-owner is a dangerous animal that must be removed from the condominium premises. The Court determined, on the basis of the parties’ briefs […]

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Michigan Condominium Association found not liable for violating the Fair Housing Act and PWDCRA in request for handrail

In Estate of Romig by Kooman v Boulder Bluff Condominiums Units 73-123, 125-146, Inc, No. 347653, issued October 15, 2020 (Docket Nos. 347653 & 348254), the Michigan Court of Appeals ruled that a condominium association’s alleged denial of a request to install a railing to accommodate a disabled person did not constitute discrimination in a “real estate transaction” under the […]

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Michigan provides immunity defense to community associations for COVID-19 lawsuits

             On October 22, 2020, Governor Whitmer signed HB 6030, which was given immediate effect via 2020 PA 236.  2020 PA 236 will provide Michigan condominium and homeowners associations with an immunity defense if a co-owner, tenant or invitee files a civil lawsuit, alleging a tort claim that arises out of COVID-19. When can a […]

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