Who Pays for Maintaining Shared Easements Between Multiple Condominium Associations?

Introduction              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.  In some cases, a developer may create an overarching project and then record a series of subdivision plats or condominium master deeds over years to finalize its development.  In […]

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Tips for reviewing cable service provider agreements

In 2009, 87.8% of American households had either a cable or satellite TV subscription; however, by the end of 2019, that number dropped to just 65.3% of American households, as more American households “cut the cord” and turned to internet-based TV subscriptions, such as Netflix, Hulu and YouTube TV. With this steep drop in cable and satellite TV subscriptions, cable […]

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Does your condominium association keep track of mortgages?

Michigan condominium associations are required to keep a number of different types of records.  One type of record that condominium associations are required to keep, which is often overlooked, is a record of each mortgage that is placed on any condominium unit in the condominium project.  A mortgagee, which is most often a bank, is a person or corporate entity […]

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Can an Association Limit Your Right to Bear Arms?

Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886); […]

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Court rules Site Condominium Unit was rebuilt in accordance with Master Deed

In DeCaminada v Hammond, unpublished opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 345847), the Michigan Court of Appeals ruled that the co-owners of a site condominium unit who constructed a larger home, after losing their home in a fire, had constructed the home “substantially” in accordance with the master deed.  The Court determined that the […]

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Does Your Community Association Have a Vaping Problem?

Electronic cigarettes (or “e-cigarettes”) were first introduced into the U.S. market in the mid-2000s (see here) but only recently garnered national attention when e-cigarette smokers began developing mysterious lung injuries, some of which have been fatal (see here). As of July 2019, 8% of Americans reported vaping (smoking an e-cigarette) within the past week, with almost 1 out of every […]

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