On December 31, 2018, SB 671 was enacted into law, via 2018 PA 572, in order to amend the Michigan Marketable Record Title Act. SB 671 was a lame duck bill that may have drastic consequences for Michigan condominiums and homeowners’ associations in the future. Based on the amendment to the Michigan Marketable Record Title Act, in certain circumstances, Michigan…
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In McGue v Glenbrook Beach Association, unpublished opinion of the Court of Appeals, issued March 6, 2018 (Docket No. 337785), the Michigan Court of Appeals upheld the trial court’s dismissal of an owner’s claim against a Michigan Summer Resort Owners Association for failing to maintain the roads in the subdivision according to the township ordinance. In this case, James McGue…
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UPDATE: This opinion was subsequently reversed by the Michigan Supreme Court on July 24, 2019 in a 5-2 decision. A copy of the Supreme Court's opinion can be found here.In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated…
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WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding short-term rentals. The interview discusses the impact of local ordinances, condominium bylaws and homeowners association bylaws on short-term rentals and AirBnB use. The interview also discusses insurance and liability implications associated with AirBnB use.
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WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the enforcement of HOA Restrictions and the importance of understanding the restrictions before buying into an HOA. Purchasers that buy a lot in a deed restricted community that has a Homeowner's Association are on constructive notice of any recorded restrictions and will generally be bound by them, except for a few…
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In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from compliance with the Michigan Consumer Protection Act, MCL 445.901 et seq. The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically authorized to build homes under…
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