Kevin Hirzel

Construction Defects & Developer Turnover April 20, 2017

What is a Disclosure Statement and What is Required?

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…
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Bylaw & Covenant Enforcement March 31, 2017

HB 4446 Allows Michigan Condominium Associations to Enforce Restrictions and Defend Lawsuits

HB 4446 will make it easier for condominium associations to enforce routine bylaw violations, collect assessments and defend themselves in litigation. Most co-owners would expect a condominium board to handle routine matters such as bylaw violations, collecting assessments or defending lawsuits, and co-owner apathy should not prevent condominium associations from handling these types of matters.
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Community Association Governance & Meetings March 8, 2017

What Happens When Condominium Documents Conflict?

When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores…
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