Tag Archives: MCL 559.167

MCL 559.167: Michigan Court of Appeals rules that Developer lost right to construct units on common element land

Kevin Hirzel, Brandan Hallaq, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Cove Creek Condominium Association in this case. In Cove Creek Condo Ass’n v Vistal Land & Home Dev, LLC, __ Mich App __; __ NW2d __(2019), issued December 19, 2019 (Docket No. 342372), the Michigan Court of Appeals issued a published opinion establishing binding legal

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Court rules that tax foreclosure does not extinguish obligations in the master deed and that “need not be built” units ceased to exist

The Michigan Court of Appeals decided several important issues in favor of Michigan condominium associations on December 14, 2017 in Ferry Beaubien LLC v Centurion Place on Ferry Street Condominium Association, unpublished opinion of the Court of Appeals, issued December 14, 2017 (Docket No. 335571).  Specifically, the court of appeals made the following rulings: The master deed and condominium bylaws

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Kevin Hirzel to present on legislation impacting condo associations at Michigan CAI annual conference on March 10, 2017

On March 10, 2017, Kevin M. Hirzel, Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on the following bills that are pending or have recently passed and will have a significant impact on Michigan Condominium Associations: HB 4919. Michigan House Bill 4919 would amend MCL 559.160 to prevent the inclusion of anti-lawsuit provisions in condominium documents. Anti-lawsuit

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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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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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Senate Bill 610 Passes: Is the amendment to MCL 559.167 of the Michigan Condominium Act constitutional?

On June 22, 2016, Governor Snyder signed Senate Bill 610 after it underwent several amendments in both the house and senate. Senate Bill 610 will become effective as of September 21, 2016 and will amend MCL 559.167 to read as follows: Sec. 67. (1) A change in a condominium project shall be reflected in an amendment to the appropriate condominium

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Michigan Senate Bill 610: A fix to Section 67 of the Michigan Condominium Act (MCL 559.167) or the creation of a new set of problems?

The intended purpose of MCL 559.167 of the Michigan Condominium Act was to create an end date for developing condominium projects in Michigan and prevent incomplete projects that are not only an eyesore, but also create numerous practical problems for operating a condominium association.  The current version of MCL 559.167 has been in place for almost fifteen (15) years and allows for

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