HomePosts Tagged "Michigan Condominium Association" (Page 4)

Michigan Condominium Association Tag

A few years ago, I wrote an article titled “Legal Update: Slip and Fall on the Condominium Premises: Does the Condominium Owe a Statutory Duty to Its Co-owners?” The article centered around a 2015 published decision by the Michigan Court of Appeals in Francescutti v Fox Chase Condominium Association, 312 Mich App 640; 886 NW2d 801 (2015), which held that a co-owner who slip and fell on the common elements and suffered injuries to his hand and wrist could not recover from his Association or its property manager under a breach of contract or negligence theory.

On March 14, 2017, the Michigan Court of Appeals analyzed a similar case to Francescutti.  In Zimmer v Harbour Cove on the Lake Condominium Community, et al, Unpublished Per Curiam Decision of the Michigan Court of Appeals, March 14, 2017 (No. 331545), Nick Zimmer visited a friend’s condominium and Mr. Zimmer slipped and fell on the condominium’s sidewalk breaking his femur.  Mr. Zimmer sued the Association, its property manager and the snow removal company for his injuries.  The defendants argued that Zimmer’s claims for negligence, premises liability and nuisance all sounded in premises liability and that such claims were barred by the Open and Obvious Doctrine.  In essence, the defendants argued that 1) it was winter in Michigan, 2) it was cold, 3) there was snow on the ground and 4) there was snow where Zimmer fell.  Previously, the Michigan Supreme Court held that open and obvious dangers are not recoverable absent ‘special aspects’ of the condition to justify imposing liability on a defendant.  See Lugo v Ameritech Corp, 464 Mich 512 (2001).  In support of his claim that there were “special aspects” of the icy condition, Zimmer stated that the downspouts were negligently placed in such a way for ice to develop over the sidewalk where he fell and that he fell on “black ice” that was not covered by snow.

Congratulations to Kevin Hirzel and Joe Wloszek who have both been selected as "Rising Stars" by Super Lawyers for 2017. Being named as a Rising Star is a significant honor as no more that 2.5 percent of attorneys in the state are awarded the designation each year.

In today’s day and age, it is almost unheard of to own a parcel of real estate that is not in some way encumbered by an easement. An easement is an ownership interest in real property that grants the holder of the easement the right

The Community Associations Institute ("CAI") Board of Trustees recently appointed Kevin M. Hirzel, Esq. to the national Government & Public Affairs Committee for a two year term from January 1, 2017 through December 31, 2018.  CAI is an international membership organization with more than 34,000 members

When a developer starts a project in Michigan, often it is easier/cheaper to create a site condominium or a homeowner’s association (“HOA”) rather than platting single family homes. As the developer sells enough units, control of the site condominium or HOA transfers to the homeowners

What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses.  With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S.