Document Amendments

November 29, 2023

Can A Michigan Condominium Association Collect Attorney Fees for Bylaw Violations?

In Michigan, the responsibility for attorney fees and costs in litigation typically lies with the parties involved. Following the ‘American rule,’ attorney fees are not recoverable unless expressly allowed by statute, court rule, common-law exception, or contract. Dessart v. Burak, 470 Mich. 37, 42, 678 N.W.2d 615 (2004); Grace v. Grace, 253 Mich.App. 357, 370–371, 655 N.W.2d 595 (2002),” Reed…
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May 6, 2019

MCL 559.148: How to Relocate Unit Boundaries Under the Michigan Condominium Act

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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January 21, 2019

Amending Deed Restrictions: Giving Meaning to Successive Terms Without Ignoring Declarant Intent

Introduction Restrictive covenants in Michigan are valuable property rights and have been effectively used to assist in the orderly development of Michigan communities.  The rights contained in restrictive covenants are used by developers to implement their community visions and by property owners to protect and enhance the value of their homes.  Once adopted these provisions often require unanimous consent to…
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