December 23, 2020
Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects.
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December 4, 2020
An easement is an interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose.
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August 15, 2019
Eminent domain, also known as condemnation, or simply, taking, is the long-established government practice of converting private property for public use..
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May 19, 2019
In Michigan, a significant portion of commercial and residential real estate development occurs through the creation of either subdivisions or condominiums. Typically, an owner of a large parcel of land will establish a condominium or subdivision as a means of dividing the land into various smaller lots (called “units” in a condominium) that can be individually sold. Although the more…
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October 29, 2018
Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium. Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums. Many recreational facilities are common elements that are located within a…
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March 28, 2018
In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee ("ACC") tasked with maintaining the overall aesthetics of structures within the community. Normally, when an owner wishes to modify a structure, the owner may petition the association's ACC for approval. If the owner is denied the requested modification, this can lead to claims…
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