Construction Defects & Developer Turnover

May 21, 2026

Can Condominium Development Rights Expire Automatically Under Michigan Law?

Can Michigan condominium development rights expire automatically when a developer fails to build units on time? In Woodfield Greens Condominium Association v Soho Land Development, Inc., unpublished per curiam opinion of the Michigan Court of Appeals, issued March 16, 2026 (Docket No. 371067), the Court affirmed that undeveloped condominium units designated as “need not be built” automatically revert to general…
Read More →
March 27, 2026

Michigan Court Limits Developer Rights in Condo Marina Dispute

In condominiums with marinas, disputes often arise over who controls access to shared amenities, such as boat slips, and how those costs are allocated. In many cases, rights to control the marina, access to boat slips, and cost-sharing for marina amenities are disputed. In Harbor Isles Marine, LLC v Estate of Chodock, unpublished opinion of the Court of Appeals, issued…
Read More →
February 26, 2026

MCL 559.167: Developer Loses Title to Units not Labeled “Must be Built”

Disputes over undeveloped condominium units frequently turn on a narrow statutory question: does former MCL 559.167 apply when a developer fails to designate units as either “must be built” or “need not be built” in the master deed? Because undeveloped units can represent significant retained development value, the answer to that question carries serious financial and governance consequences for condominium…
Read More →
February 19, 2026

MCL 559.184: Michigan Condo Developers and “Must Be Built” Common Elements

Condominium developments in Michigan often include significant infrastructure improvements, including private roads, utilities, and drainage systems. Because these improvements are essential to the use and value of the project, the Michigan Condominium Act requires developers to provide financial security to ensure completion of those improvements. In Hills of Lone Pine Ass’n v Texel Land Co, Inc, 226 Mich App 120;…
Read More →
November 25, 2025

MCL 559.167: Michigan Court Rules on Unit Reversion

Michigan Court of Appeals Issues Important Opinion Concerning Reversion of Undeveloped Condominium Units to General Common Elements On September 17, 2025, the Michigan Court of Appeals issued an unpublished Opinion in the matter of Charter Twp of Fenton v Fenton Orchards Condo Ass’n, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2025 (Docket No. 370733) addressing…
Read More →
November 13, 2025

MCL 559.167 Invalidates Sale of Nonexistent Condo Units

When “As-Is” Doesn’t Mean “Anything Goes”: Developer Sues County Treasurer for Conveying Nonexistent Condominium Units Governmental entities and condominium and homeowners associations frequently dispose of foreclosed properties to private purchasers or developers through settlement agreements or deeds that include “as-is, without warranty” clauses. These provisions are intended to protect sellers from liability over the property’s physical condition. However, such language…
Read More →
1 2 3 6