MCL 559.212: How to handle unruly renters in a Michigan Condominium

Co-owners desire to rent units for a variety of reasons. By way of example, many co-owners desire to rent condominium units as they are underwater on the mortgage and cannot sell the unit, they inherited the unit, their job was relocated, the co-owner was required to move for health reasons, or the unit was purchased with the intent that it […]

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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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ALLEGAN COUNTY TRIAL COURT RULES THAT SHORT-TERM VACATION RENTALS VIOLATE DEED RESTRICTIONS

As mentioned in our previous blog article, technological advancements have increased the ability of individuals to do short-term leasing, as opposed to the traditional long term, six month or greater, leasing arrangement, in particular looking at the new phenomenon of Airbnb.  Websites such as Airbnb, VRBO and Homeaway are often used by short-term lessors and lessees alike to both list […]

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The Impact of Short-Term Rentals on Condominium and Homeowner Associations: To Airbnb or Not to Airbnb?

Many condominium bylaws restrict or otherwise regulate a co-owner’s ability to lease the co-owner’s condominium unit. These restrictions are sometimes imposed as part of an effort to maintain property values, and sometimes to comply with the Federal Housing Administration’s Condominium Project Approval and Processing Guide which requires that at least fifty-one (51) percent of units be owned by owner-occupants. At […]

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Legal Update: Slip and Fall on the Condominium Premises: Does the Condominium Owe a Statutory Duty to its Co-owners?

What happens if a Co-owner slips and falls on the condominium premises?  Does the Co-owner have a right to sue the Association or its property manager for failing to maintain the common areas in reasonable repair?  Can the Co-owner recover from the Association (i.e. all of the other Co-owners) for damages sustained on the condominium premises?  Can the Association use […]

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Which Type of Foreclosure, Judicial or Advertisement, is Best for Your Community Association?

Introduction Community associations are often faced with the challenge of collecting unpaid assessments from delinquent owners. Initial collection efforts typically involve sending demand letters, suspending recreational facility privileges (if permitted by the documents), and suspending voting privileges (if permitted by the documents). When these efforts are unsuccessful, community associations are left with no choice but to record a lien against […]

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