What are the mandatory Provisions in Condominium Bylaws?

Pursuant to Section 53 of the Michigan Condominium Act, MCL 559.153, the administration of a condominium project must be governed by condominium bylaws that must be recorded as part of the master deed.  The Michigan Condominium Act, MCL 559.101, et seq., (the “Act”) and the Administrative Rules of the Department of Licensing and Regulatory Affairs (“LARA”), R 559.101, et seq., […]

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Boundary Line Disputes and Automatic Easements under the Michigan Condominium Act

In today’s day and age, it is almost unheard of to own a parcel of real estate that is not encumbered by an easement. 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. For example, most parcels of real estate are encumbered with easements […]

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Michigan Condominium Association found not liable for violating the Fair Housing Act and PWDCRA in request for handrail

In Estate of Romig by Kooman v Boulder Bluff Condominiums Units 73-123, 125-146, Inc, No. 347653, issued October 15, 2020 (Docket Nos. 347653 & 348254), the Michigan Court of Appeals ruled that a condominium association’s alleged denial of a request to install a railing to accommodate a disabled person did not constitute discrimination in a “real estate transaction” under the […]

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MCL 559.154: What is the difference between arbitration and mediation?

Conflict is inevitable when co-owners live in close proximity in a condominium association.  Whether it is a barking dog, loud music or unpleasant odor, it is important that a condominium association has a mechanism to resolve disputes between co-owners.  Many condominium associations resolve disputes by commencing an action in circuit court to enforce the master deed and bylaws as permitted […]

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MCL 559.152: When do the co-owners elect directors after developer control?

Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control.  In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely exit the condominium.  However, the […]

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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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