One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents. The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act.” In most cases, the condominium bylaws will also contain a provision that mirrors MCL 559.165 and requires compliance with governing documents. However, it is not uncommon for co-owners to violate the condominium bylaws, either due to ignorance, misinterpretation of the condominium documents or willful noncompliance. Accordingly, at some point in time, the board of directors is likely going to be required to take action to enforce the condominium bylaws.
The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants.
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.
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.
In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor of a condominium association and remanded the case back to the Kent County Circuit Court for entry of judgment in favor of an ousted property management company.
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 in favor of utility companies.