May 26, 2016
In Suttons Bay Yacht Village Condominium Association, et. al. v Board of Representatives of Port Sutton Community, et. al., Docket No. 325327 (May 19, 2016) (Unpublished Opinion), the Michigan Court of Appeals held that an unincorporated voluntary association had the legal authority to administer a declaration as a master homeowners association. In 1982, a declarant recorded a declaration of covenant,…
Read More →
May 5, 2016
In Gordon v Cornerstone RG, LLC, No. 324909, 2016 WL 902195 (Mich Ct App March 8, 2016) (unpublished opinion), the Michigan Court of Appeals confirmed an arbitration award in favor of Robert and Debbie Gordon against the developers of the Villas of Hidden Lakes Condominium. The Gordons entered into an agreement in which they paid a $1000 deposit to the…
Read More →
March 1, 2016
In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from compliance with the Michigan Consumer Protection Act, MCL 445.901 et seq. The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically authorized to build homes under…
Read More →
February 19, 2016
The Michigan Court of Appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): The absence of an amendment provision in the original declaration of restrictions for a subdivision precluded a HOA from later amending its declaration with less than unanimous consent…
Read More →
January 4, 2016
In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Michigan Condominium Association could not create rules and regulations that were inconsistent…
Read More →
November 14, 2015
In Moon Lake Condominium Association v RBS Citizens, Case No. 323476 (Michigan Court of Appeals, November 12, 2015, unpublished), the Michigan Court of Appeals held that junior lienholders, such as condominium associations, are not entitled to notice that surplus funds were collected from a foreclosure sale after the first mortgage of record was foreclosed on.
Read More →
