Oakland County Condominium Attorney

Construction Defects & Developer Turnover February 8, 2017

MCL 559.184: When Can a Purchaser Withdraw From an Agreement to Purchase a New Condominium?

Purchasing a new construction condominium is an exciting prospect for many people.  However, condominium purchasers are often provided with a large amount of information and requested to make numerous decisions in a short period of time.  In many instances, potential condominium purchasers are completely unfamiliar with condominium associations altogether.  While condominium living certainly has many potential benefits, some purchasers may…
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Community Association Governance & Meetings February 6, 2017

Why Every Condominium and Homeowners Association Should Trademark its Name and Logo

Over the past decade, the popularity of living in a common interest community, particularly condominium and homeowners associations, has risen significantly. According to recent statistics provided by Community Associations Institute, there are over 340,000 community associations, over 26 million housing units, and over 68 million residents living in these associations in the United States. As these numbers continue to grow,…
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Uncategorized January 31, 2017

Congratulations to Kevin Hirzel: Appointment to CAI National Government & Public Affairs Committee

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 in partnership with 60 chapters around the globe. CAI provides information, education and resources to…
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Community Association Governance & Meetings January 31, 2017

How to Revive a Defunct Michigan Homeowners Association

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 in the project. Once the transition occurs, it is the homeowners’ responsibility for making sure…
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Condo & HOA Legislation January 13, 2017

Michigan House Bill 4015 (2017): Bad News for Michigan Condominium Associations

On January 12, 2017, House Bill 4015 (2017) was introduced in the Michigan House of Representatives and would make significant changes to the Michigan Condominium Act. The bill is a reincarnation of former House Bill 5655 that had failed to pass in 2016. Similar to House Bill 5655, House Bill 4015 is extremely problematic for Michigan Condominium Associations.
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Deed Restrictions October 19, 2016

Can Clearly Unenforceable Deed Restrictions Create Potential Liability for Your Association?

In 1948, the United States Supreme Court in Shelley v. Kraemer, 334 U.S. 1 (1948) declared that racially restrictive deed restrictions violated the Fourteenth Amendment and would not be enforced by the courts. However, it remained legal for property owners and realtors to discriminate on the basis of race privately. It took a full twenty years after the Supreme Court’s…
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