Category Archives: Construction

Condominium Association’s Right to an Easement

In today’s day and age, it is almost unheard of to own a parcel of real estate that is not in some way encumbered by an easement. An easement is an ownership interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose. For example, the overwhelming majority of real

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What Happens When Condominium Documents Conflict?

When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores

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MCL 559.184: When can a purchaser withdraw from an agreement to purchase a new condominium?

Purchasing a new construction condominium is an exciting prospect for many people.  However, condominium purchasers are often provided with a large amount of information and requested to make numerous decisions in a short period of time.  In many instances, potential condominium purchasers are completely unfamiliar with condominium associations altogether.  While condominium living certainly has many potential benefits, some purchasers may

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Pet Size or Weight Restrictions in Michigan Condominiums

When drafting or amending condominium bylaws, the Restrictions section—typically Article VI of the Condominium Bylaws—often garners the most feedback, review or modification. One of the key provisions within the Restrictions section addresses pet restrictions including: the registration of pets with the association, not allowing pets loose on the condominium premises, co-owners must clean the dog’s feces so as not to

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Senate Bill 610 Passes: Is the amendment to MCL 559.167 of the Michigan Condominium Act constitutional?

On June 22, 2016, Governor Snyder signed Senate Bill 610 after it underwent several amendments in both the house and senate. Senate Bill 610 will become effective as of September 21, 2016 and will amend MCL 559.167 to read as follows: Sec. 67. (1) A change in a condominium project shall be reflected in an amendment to the appropriate condominium

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What Do I Need to Know About a Conversion Condominium Under the Michigan Condominium Act?

 Introduction Michigan law allows the creation of a condominium project under terms and conditions set forth in the Michigan Condominium Act, Act 59 of 1978, MCL 559.101, et seq. (the “Act”).  For the most part, the Act contemplates the creation of a new condominium project on land owned by a developer.  However, the Act also allows the conversion of an

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Court holds Michigan Condo Developer liable for changing sale price of unit

In Gordon v Cornerstone RG, LLC, No. 324909, 2016 WL 902195 (Mich Ct App March 8, 2016) (unpublished opinion), the Michigan Court of Appeals confirmed an arbitration award in favor of Robert and Debbie Gordon against the developers of the Villas of Hidden Lakes Condominium.  The Gordons entered into an agreement in which they paid a $1000 deposit to the

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