Matt Heron

Maintenance Repairs & Common Elements June 27, 2017

The Difference Between General and Limited Common Elements in Traditional and Site Condominiums in Michigan

In Michigan, condominiums consist of either units or common elements. Common elements are further subdivided into two categories: general common elements and limited common elements. Under most Michigan condominium documents, the difference between general common elements and limited common elements is important to determine who is responsible for maintaining, repairing and replacing damage to various areas of the condominium, which…
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Technology & Security June 26, 2017

Security Cameras in Michigan Condominium Projects

Whether inside a grocery store, at a gas station or even in your neighborhood, security cameras are everywhere in modern society.  As technology evolves and cheaper and better cameras come onto the market each year, Michigan condominiums are experiencing an increase in surveillance and/or security camera usage.  Security cameras raise significant legal questions that impact decisions made by the Board…
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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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HOA Bylaws 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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