Detroit Condominium Attorney

Construction Defects & Developer Turnover March 29, 2016

Was Your Condominium Properly Expanded Under the Michigan Condominium Act?

In Michigan, when a developer creates a condominium, the developer is required to record a master deed. Pursuant to MCL 559.108, the master deed and condominium subdivision plan must identify the total number of units in the project and assign a percentage of value to each unit.  However, the initial configuration of the condominium is not set in stone.  MCL…
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Bylaw & Covenant Enforcement March 11, 2016

Hoarding in Your Condominium: What Every Michigan Association and Property Manager Should Know

As the weather becomes warmer here in Michigan, many homeowners or co-owners undergo the yearly “Spring Cleaning.”  Unfortunately, many condominium associations in Michigan face co-owners, tenants or residents who do not maintain the same sanitary living space as their neighbors.  At the extreme, hoarders may fill units and/or limited common elements with debris, combustible material, food or other unsanitary or…
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Firm News February 23, 2016

Kevin Hirzel to Present at Michigan CAI Annual Conference and Expo – March 4, 2016

In early 2015, the Michigan Legislature made significant changes to the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq.  On March 4, 2016, Kevin M. Hirzel, Esq., Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on how the changes to the Act impact community associations in Michigan. Mr. Hirzel’s presentation will take place between 11:15 A.M. to 12:00…
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Community Association Governance & Meetings January 26, 2016

The Difference Between an Officer and a Director: Selection, Removal and Eligibility Restrictions

In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium.  Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.”  Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate between directors and officers.  The…
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Maintenance Repairs & Common Elements January 20, 2016

Failing Infrastructure? How to Handle Common Element Lead Pipes in Your Condominium

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 governments to provide clean water. One of the biggest issues facing Michigan condominium associations today, albeit rarely discussed, is the aging infrastructure located underground in the common elements of the condominium…
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Michigan Condo & HOA Case Law January 4, 2016

Michigan Court of Appeals Rules that Condominium Rules and Regulations Cannot Supersede the Master Deed and Bylaws

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…
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