Matthew Heron

Bylaw & Covenant Enforcement July 2, 2019

Residential Use v. Non-Residential Use in Michigan Condominiums

In Michigan, many condominium documents contain a limitation that a Unit may be used for "residential purposes" only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of property subject to public policy limitations. Kaczynski v. Lindahl, 5 Mich App 377; 146 NW2d 675 (1996). Lately, the…
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Construction Defects & Developer Turnover June 17, 2016

What Do I Need to Know About a Conversion Condominium Under the Michigan Condominium Act?

Michigan law allows the creation of a condominium project under terms and conditions set forth in the Michigan Condominium Act, Act 59 of 1978, MCL 559.101, et seq. (the “Act”).  For the most part, the Act contemplates the creation of a new condominium project on land owned by a developer.  However, the Act also allows the conversion of an existing…
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Community Association Governance & Meetings May 12, 2016

Is a Community Association’s Board of Directors Required to Make Board Meetings Open to Association Members?

The State of Michigan primarily has two so-called “Sunshine Laws”- the Open Meetings Act (“OMA”), MCL 15.261, et seq., and the Freedom of Information Act, MCL 15.231, et seq.  These two acts together help promote and create open government by making certain governmental meetings open to the public, and in allowing the public access to governmental documents and records.  In…
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Rules & Regulations February 2, 2016

Expressing Opposing Views in a Condominium: Does Your Condominium Have the Right to Silence Free Speech?

Introduction Another election year is upon us, and with that comes the realization that neighbors in your condominium may not hold your political and ideological views. With this realization also comes the belief that, regardless of your own political views, those neighbors with views contrary to your own appear to be the most vocal. Most co-owners believe that the right…
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