Working with successor Developers: What Condo Associations Need to Know Background: What is a Successor Developer? Many mortgage lenders, municipalities, and real estate investors are surprised to learn that they may suddenly be treated as a “successor developer” under Michigan condominium law after simply acquiring ownership of
Developer Turnover: 8 Things Michigan Condo Associations Must Know when Negotiating with a Developer to Avoid Paying for Construction Defects Successfully transitioning control of a condominium association from the developer to the co-owners is critical for the long-term success of any Michigan condominium. When a developer
Since 2016, one particular section within the Michigan Condominium Act has been the source of repeated litigation in Michigan trial and appellate courts – Section 67, or MCL 559.167. When initially enacted, MCL 559.167 was designed to curtail the problem of Michigan condominium projects that
On July 14, 2022, the Michigan Court of Appeals issued a new opinion regarding how restrictive covenants can be terminated in Schwintek, Inc v High Top Buds, LLC, unpublished per curiam opinion of the Court of Appeals, issued July 14, 2022 (Docket No. 357152). In
New Construction Condos: What is the Implied Warranty of Habitability? Purchasing a new construction condominium can be an exciting proposition. Generally speaking, a developer will provide an express written warranty to the purchaser of a new condominium unit that covers defective construction within the unit. However,
One of the most overlooked obligations of a condominium developer is the payment of proportionate share of expenses to the condominium association. This is likely due to the fact that condominium associations frequently confuse the terms “assessments” and “proportionate share of expenses.” This article will
