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Water Issues

Introduction For many people, purchasing a home is the largest investment they will make in their lifetime. While owning real estate should be considered an investment, it should also be viewed as a risk. Aside from the risk that the property will decrease in value, every

Overview of Religious Discrimination under the Fair Housing Act The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs.  42 U.S.C. §3604 provides in pertinent part: As made applicable

In Walters Beach Condominium Association v Home-Owners Insurance Company, unpublished opinion of the Court of Appeals, issued November 16, 2017 (Docket No. 335172), the Michigan Court of Appeals held that water damage caused by construction defects may be covered under a condominium association’s insurance policy. 

A few years ago, I wrote an article titled “Legal Update: Slip and Fall on the Condominium Premises: Does the Condominium Owe a Statutory Duty to Its Co-owners?” The article centered around a 2015 published decision by the Michigan Court of Appeals in Francescutti v Fox Chase Condominium Association, 312 Mich App 640; 886 NW2d 801 (2015), which held that a co-owner who slip and fell on the common elements and suffered injuries to his hand and wrist could not recover from his Association or its property manager under a breach of contract or negligence theory.

On March 14, 2017, the Michigan Court of Appeals analyzed a similar case to Francescutti.  In Zimmer v Harbour Cove on the Lake Condominium Community, et al, Unpublished Per Curiam Decision of the Michigan Court of Appeals, March 14, 2017 (No. 331545), Nick Zimmer visited a friend’s condominium and Mr. Zimmer slipped and fell on the condominium’s sidewalk breaking his femur.  Mr. Zimmer sued the Association, its property manager and the snow removal company for his injuries.  The defendants argued that Zimmer’s claims for negligence, premises liability and nuisance all sounded in premises liability and that such claims were barred by the Open and Obvious Doctrine.  In essence, the defendants argued that 1) it was winter in Michigan, 2) it was cold, 3) there was snow on the ground and 4) there was snow where Zimmer fell.  Previously, the Michigan Supreme Court held that open and obvious dangers are not recoverable absent ‘special aspects’ of the condition to justify imposing liability on a defendant.  See Lugo v Ameritech Corp, 464 Mich 512 (2001).  In support of his claim that there were “special aspects” of the icy condition, Zimmer stated that the downspouts were negligently placed in such a way for ice to develop over the sidewalk where he fell and that he fell on “black ice” that was not covered by snow.

Introduction The recent water crisis in Flint, Michigan has gained regional and national headlines and caused a great deal of controversy regarding the responsibility of local, state and federal government to provide clean water. One of the biggest issues facing Michigan condominium associations today, albeit rarely

From personal experience, water intrusion in a condominium unit can be one of the most frustrating and unpleasant experiences a Co-owner may ever experience.  Often, a Co-owner does not know what to do, who to call, whether insurance will cover the loss and what responsibilities