Kalamazoo Condominium Attorney

Construction Defects & Developer Turnover February 13, 2017

Michigan Court Rules in Favor of Condominium Association in Interpreting Newly Amended MCL 559.167 (SB 610)

Kevin Hirzel recently scored an important victory for Michigan condominium associations in Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017).  The Oakland County Circuit Court held that the  MCL 559.167, as amended by 2016 PA 233, does not recreate “need…
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Construction Defects & Developer Turnover February 8, 2017

MCL 559.184: When Can a Purchaser Withdraw From an Agreement to Purchase a New Condominium?

Purchasing a new construction condominium is an exciting prospect for many people.  However, condominium purchasers are often provided with a large amount of information and requested to make numerous decisions in a short period of time.  In many instances, potential condominium purchasers are completely unfamiliar with condominium associations altogether.  While condominium living certainly has many potential benefits, some purchasers may…
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Condo & HOA Legislation January 13, 2017

Michigan House Bill 4015 (2017): Bad News for Michigan Condominium Associations

On January 12, 2017, House Bill 4015 (2017) was introduced in the Michigan House of Representatives and would make significant changes to the Michigan Condominium Act. The bill is a reincarnation of former House Bill 5655 that had failed to pass in 2016. Similar to House Bill 5655, House Bill 4015 is extremely problematic for Michigan Condominium Associations.
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Fair Housing November 17, 2016

Is a Co-Owner Entitled to a Reasonable Accommodation to use Medical Marijuana Under the Federal Fair Housing Act?

On November 8, 2016, Florida, North Dakota and Arkansas joined 25 other states and the District of Columbia in approving the use of medical marijuana. Now that medical marijuana is legal in more than half of the states in the United States, medical marijuana use is becoming an issue that condominium associations are forced to deal with. Many condominium bylaws…
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Condo & HOA Legislation October 11, 2016

The Michigan Condominium Act: Time for a Change

The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that…
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