March 29, 2017
Introduction In Michigan the question of whether the common elements of a condominium are taxable appears to be well-settled. In Paris Meadows, LLC v City of Kentwood, 287 Mich App 136; 783 NW2d 133 (2010), the Michigan Court of Appeals held that pursuant to Section 131 of the Michigan Condominium Act, MCL 559.231, property taxes may only be assessed against…
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February 22, 2017
On February 14, 2017, the Michigan Court of Appeals issued an unpublished opinion in the matter of Miehlke v Bayview Condominium Association of Manistee, et al. The Miehlke case is important as a reminder that a defect in a foreclosure notice renders a foreclosure sale voidable rather than void and if a junior lien holder wishes to preserve its interest…
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February 13, 2017
Kevin Hirzel recently scored an important victory for Michigan condominium associations in Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017). The Oakland County Circuit Court held that the MCL 559.167, as amended by 2016 PA 233, does not recreate “need…
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December 19, 2016
On December 1, 2016, the Grand Traverse County Circuit Court ruled that units could not be added to a condominium after the expiration of the six (6) year time frame contained in MCL 559.132 in Irish v Scheppe Investments, Inc., et. al., Grand Traverse County Circuit Case No. 2016-031750-CH. As was discussed in Was your Condominium Properly Expanded under the…
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December 5, 2016
In Petersen Financial LLC v Twin Creeks LLC, issued November 22, 2016 (Docket No. 329019) (Published Opinion) the Michigan Court of Appeals held that deed restrictions that were not within the chain of title were not enforceable. In 2000, Twin Creeks, LLC owned the complete parcel of land that was located in the Twin Creek Development (hereinafter "Twin Creek"). In…
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September 2, 2016
The Court held that Defendant's camper is a motor vehicle registered with the Secretary of State. While the camper may have a geometric design much like a box, the court reasoned that it was not designed for permanent use. Accordingly, the court held that the restriction was not violated by having a camper on the property because a camper was…
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