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issued a new opinion regarding how restrictive covenants can be terminated in Schwintek, Inc v High Top Buds, LLC, unpublished per curiam opinion of the Court of Appeals, issued July 14, 2022 (Docket No. 357152).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
Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Charles E. Phyle Restated Revocable Trust In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No.
Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control. In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the
