Michigan Court rules that association is not required to maintain road to township standards

Michigan Court rules that association is not required to maintain road to township standards

In McGue v Glenbrook Beach Association, unpublished opinion of the Court of Appeals, issued March 6, 2018 (Docket No. 337785), the Michigan Court of Appeals upheld the trial court’s dismissal of an owner’s claim against a Michigan Summer Resort Owners Association for...
Michigan Court of Appeals dismisses condominium bylaw enforcement case after lawsuit approval deemed improper

Michigan Court of Appeals dismisses condominium bylaw enforcement case after lawsuit approval deemed improper

As previously discussed in HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits, it is not uncommon for developers to insert anti-lawsuit provisions into condominium documents that later have drastic consequences for Michigan...
Case Law Update: Nottingham Village Condo Ass’n v. Pensom: Litigation Evaluation Meetings

Case Law Update: Nottingham Village Condo Ass’n v. Pensom: Litigation Evaluation Meetings

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit.  These provisions range from the rather mundane to extremely onerous. In Nottingham Village Condominium Association v. Pensom,...
The Difference Between General and Limited Common Elements in Traditional and Site Condominiums in Michigan

The Difference Between General and Limited Common Elements in Traditional and Site Condominiums in Michigan

In Michigan, condominiums consist of either units or common elements. Common elements are further subdivided into two categories: general common elements and limited common elements. Under most Michigan condominium documents, the difference between general common...
HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits

HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits

On March 30, 2017, Representative Klint Kesto introduced House Bill 4446, which would modify the Michigan Condominium Act, MCL 559.101, et. seq. House Bill 4446 (2017) would amend MCL 559.160, MCL 559.207 and MCL 559.215 as follows: Sec. 60. (1) Actions on behalf of...
What Happens When Condominium Documents Conflict?

What Happens When Condominium Documents Conflict?

When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the...