HomePosts Tagged "Michigan Condominium Law" (Page 4)

Michigan Condominium Law Tag

In a recent news article by Sherri Kolade at C&G Newspapers titled Condominium Conflicts: Condo Lawyers Discuss Handling Potential Litigation, Compromise, Kevin Hirzel, Esq. outlined options short of litigation to resolve disputes between Associations and Co-owners.  Mr. Hirzel is quoted as saying, "You can either stay or go. Sue,

Congratulations to Brandan A. Hallaq, Esq. for winning his first Motion for Summary Disposition before the Honorable Archie Brown in the Washtenaw County Circuit Court. Mr. Hallaq successfully drafted and argued the motion on behalf of a condominium association against a co-owner for numerous bylaw

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,

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  In Zimmer v Harbour Cove on the Lake Condominium Community, et al, Unpublished Per Curiam Decision of the Michigan Court of Appeals, March 14, 2017 (No. 331545), Nick Zimmer visited a friend’s condominium and Mr.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.

An autonomous vehicle, also known as a driverless car, self-driving car, or robotic car is a vehicle that senses its environment and operates without human input. On December 9, 2016, Governor Rick Snyder signed 2016 PA 332 into law and amended the Michigan Motor Vehicle