Condominium Document Enforcement

July 2, 2019

Residential Use v. Non-Residential Use in Michigan Condominiums

In Michigan, many condominium documents contain a limitation that a Unit may be used for "residential purposes" only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of property subject to public policy limitations. Kaczynski v. Lindahl, 5 Mich App 377; 146 NW2d 675 (1996). Lately, the…
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April 16, 2019

Court Rules that the Michigan Condominium Act Permits Bylaws to Allow for an Association to Recover Attorney’s Fees for Defending a Lawsuit

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit.  The court further held that the condominium bylaws were enforceable…
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