Planned Unit Development | The Michigan Community Association Law Blog

Category Archives: Planned Unit Development

Kevin Hirzel Appointed as Co-Chair of the Condominium, PUD and Co-Op Committee for the State Bar of Michigan’s Real Property Law Section

Posted on July 13, 2017 by Joe Wloszek

The State Bar of Michigan’s Real Property Law Section recently appointed Kevin M. Hirzel, Esq. as Co-Chair of the Special Committee for Condominiums, PUDs, & Cooperatives. The Real Property Law Section is tasked with 1) studying and reporting on proposed and necessary legislation on behalf of its 3,600 members, 2) reviewing pending legislation, 3) drafting and introducing legislation and 4) promoting the

The Difference Between General and Limited Common Elements in Traditional and Site Condominiums in Michigan

Posted on June 27, 2017 by Brandan A. Hallaq

In Michigan, condominiums consist of either units or common elements. Common elements are further subdivided into two categories: general common elements and limited common elements. Under most Michigan condominium documents, the difference between general common elements and limited common elements is important to determine who is responsible for maintaining, repairing and replacing damage to various areas of the condominium, which

What is a Disclosure Statement and what is Required?

Posted on April 20, 2017 by Brandan A. Hallaq

In Michigan, condominium developers are required to provide several documents to prospective purchasers of a condominium. Pursuant to MCL 559.106, “Developer” is defined as “a person engaged in the business of developing a condominium project as provided in this act”. In addition to original developers, the Condominium Act imposes similar requirements upon “Successor Developers”. MCL 559.235 states in part “As

Kevin Hirzel and Joe Wloszek Named Rising Stars by Super Lawyers

Posted on March 29, 2017 by Brandan A. Hallaq

Congratulations to Kevin Hirzel and Joe Wloszek who have both been selected as “Rising Stars” by Super Lawyers for 2017. Being named as a Rising Star is a significant honor as no more that 2.5 percent of attorneys in the state are awarded the designation each year. Super Lawyers is an organization which uses peer nominations and evaluations combined with independent research

Condominium Association’s Right to an Easement

Posted on March 17, 2017 by Brandan A. Hallaq

In today’s day and age, it is almost unheard of to own a parcel of real estate that is not in some way encumbered by an easement. An easement is an ownership interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose. For example, the overwhelming majority of real

Michigan Court of Appeals rules that deed restrictions recorded outside of the chain of title are unenforceable

Posted on December 5, 2016 by Kevin Hirzel

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

Condominium and Planned Unit Developments in Michigan: Creating the Potential for Walkable Towns and Cities

Posted on August 27, 2015 by Matthew Heron

Michigan utilizes a variety of land use laws and the delegation of certain authority to local governments to regulate the development and use of land while also fostering creativity and innovation among developers and local governments. Condominium Developments and Planned Unit Developments are two different types of approaches which can be used together to create a vibrant community to live,