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MCL 559.167: MICHIGAN COURT OF APPEALS RULES THAT DEVELOPER LOST RIGHT TO CONSTRUCT UNITS ON COMMON ELEMENT LAND

MCL 559.167: MICHIGAN COURT OF APPEALS RULES THAT DEVELOPER LOST RIGHT TO CONSTRUCT UNITS ON COMMON ELEMENT LAND

by | Jan 2, 2020 | Condo and HOA Cases, Developers, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Successor Developers

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,...
Court rules that tax foreclosure does not extinguish obligations in the master deed and that newly amended MCL 559.167 is not retroactive

Court rules that tax foreclosure does not extinguish obligations in the master deed and that newly amended MCL 559.167 is not retroactive

by | Dec 18, 2017 | Condo and HOA Cases, Condominium Document Enforcement, Deed Restrictions, Developers, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer, Successor Developers

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associations on December 14, 2017 in Ferry Beaubien LLC v Centurion Place on Ferry Street Condominium Association, unpublished opinion of the Court of Appeals, issued...
What is a Disclosure Statement and what is Required?

What is a Disclosure Statement and what is Required?

by | Apr 20, 2017 | Construction, Developers, Master Deed, Michigan Condominium Attorney, Planned Unit Development, Restrictive Covenants, Rules and Regulations, Successor Developers

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”....
Court rules that tax foreclosure does not extinguish obligations in the master deed and that newly amended MCL 559.167 is not retroactive

Michigan court rules in favor of condominium association in interpreting newly amended MCL 559.167 (SB 610)

by | Feb 13, 2017 | Condo and HOA Cases, Condominium Document Enforcement, Developers, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer, Successor Developers

Kevin Hirzel of CMDA 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...
MCL 559.184: When can a purchaser withdraw from an agreement to purchase a new condominium?

MCL 559.184: When can a purchaser withdraw from an agreement to purchase a new condominium?

by | Feb 8, 2017 | Condo and HOA Cases, Construction, Developers, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Successor Developers

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...
Michigan Court of Appeals rules that deed restrictions recorded outside of the chain of title are unenforceable

Michigan Court of Appeals rules that deed restrictions recorded outside of the chain of title are unenforceable

by | Dec 5, 2016 | Condo and HOA Cases, Deed Restrictions, Developers, Michigan Condominium Attorney, Michigan Condominium Lawyer, Planned Unit Development, Restrictive Covenants, Successor Developers

In Petersen Financial LLC v Twin Creeks LLC, issued November 22, 2016 (Docket No. 329019) (Published Opinion) the Michigan Court of Appeals held that deed restrictions that were not within the chain of title were not enforceable. In 2000, Twin Creeks, LLC owned the...