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 Disposition, Dated February 10, 2017). The Oakland County Circuit Court held that the 2016 amendment to MCL 559.167 does not re-create “need not be built” units on common element land that is owned by the co-owners. The ruling will have an impact on any incomplete condominium projects that contain “need not be built” units and also meet one of the following two (2) requirements:
1. Construction of the condominium was commenced prior to September 21, 2006;
2. An amendment to the
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In contrast, the 2016 amendments to MCL 559.167, which became effective on September 21, 2016, created a new “reversion” process to eliminate “need not be built” units after the expiration of the six (6) year or ten (10) year statutory time periods. Newly created MCL 559.167(4) now requires 2/3 of the co-owners that are in good standing to vote to approve a “reversion” of “need not be built” units to common elements by adopting a declaration that will be recorded in the register of deeds after the expiration of the statutory time periods. If 2/3 co-owner approval is obtained, the condominium association must then send the declaration to a developer or successor developer at its last known address. The developer or successor developer may withdraw the land on which the units were to be located or amend the master deed to make the units “must be built” within the sixty (60) day time period. If the developer or successor developer fails to withdraw the land or amend the master deed within sixty (60) days, the condominium association may record the declaration, which becomes effective upon recording and the right to construct the “need not be built” units will be eliminated.
Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al.
One of the most important questions surrounding the 2016 amendment to MCL 559.167 was whether or not 2016 PA 233
Facts: The city of New London approved a new development plan to build a new hotel and marina in hopes of revitalizing its economy and infrastructure. New London Development Corporation (NLDC), a private nonprofit entity planned to use the state approved $5.35-million-dollar bond issue to purchase the land needed to build. With approval from the state the NLDC began purchasing properties from willing sellers and use eminent domain to acquire the rest of the properties. Condemnation proceedings later began and petitions argued that they were condemned because they were located in the development area. The Superior Court agreed and granted a permanent restraining
In Mt. Veron Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Condominium Association could not create rules and regulations that were inconsistent with the maintenance responsibilities set forth in the Master Deed and Bylaws. Specifically, the Mt. Veron Park Association adopted a rule and regulation that indicated that all co-owners must paint must have their front doors painted dark brown. The Association requested that the co-owner paint her door dark brown. The co-owner argued that the Master Deed and Bylaws placed the responsibility for the cost of maintenance, repair and replacement of the door on the Association, even though
Cedar 28 Condominium Association (“the Association”) makes the following Litigation Disclosure Statement pursuant to Minnesota Common Interest Ownerships Act, Minn. Stat. § 515 B.4-107(b). The Association makes this disclosure in good faith based upon the best of its knowledge.
Wendy Ji, a resident at the Emerald City Condominiums in Taranto, Canada has filed a $30-million class-action lawsuit against the Toronto developer, Elad Canada, for failing to deliver what she claims they promised to. On Emerald City’s website they state the condominium would include “easy underground access to the Don Mills subway.” When Wendy first moved into the apartment she discover something shocking, the underground tunnel connecting the condominium to the subway did not exist. The condo developer claims that “there was never any representation that there would be underground access” to the subway station.
The case of Kelo vs. City of New London generated major controversy that reached its way up to the Supreme Court. In addition, it has been the first major case involving eminent domain since 1984. Eminent domain is defined as “the right of a government or its agent to expropriate private property for public use, with payment of compensation”. The City of New London approved a development plan in 2000 that was “projected to create jobs, increase tax and other revenues, and to revitalize an economically distressed city”, according to the Supreme Court of Connecticut. In almost all economic development, development agents purchase property from willing sellers. When it comes to property owners who are a little more reluctant bartering over their
In 1969, Massachusetts fashioned the law 40B, famously referred to as the “Anti-Snob Zoning Act”, which allows developers to bypass land use restrictions in towns where less than ten percent of the housing meets the state definition of affordable. There are multiple positions and solutions to friction in Massachusetts largely inspired by controversy surrounding the State's affordable housing law, Massachusetts General Laws chapter 40B between housing advocates and open space advocates. This thesis reviews and critiques the current law, and diagnoses various legislative proposals for the progressive feud.
First, rezoning action is quasi-judicial in nature, subject to strict scrutiny on certiorari review. Second, a landowner who demonstrates that proposed use of the property is consistent with comprehensive plan is not presumptively entitled to such use. Third, a landowner seeking to rezone a property has burden of proving that proposal is consistent with the comprehensive plan, and consequently burden shifts to the zoning board to demonstrate legitimate public purpose of maintaining existing zoning classification. Finally, the board is not
Generally speaking, the Master Deed, Bylaws or other restrictive covenant will charge the Board of Directors with enforcing these documents. Similarly, the terms of the governing documents and the Michigan Condominium Act require every owner to “…comply with the master deed, bylaws, and rules and regulations of the condominium project…” MCL 559.165. Accordingly, as a general rule, the Board of Directors of a Condominium Association or Homeowner Association is required to enforce the governing documents as written.
In 2005 one of the most divisive cases we had ever heard on the Supreme Court occurred—Kelo v. City of New London. After a decade of the 5-4 decision I still get questions about this case. By far eminent domain has been one of most complex and controversial aspects of in our nation’s history.
This case investigates the factors that are affecting the sale price of Oceanside condominium units. The relationship between these factors and sale price has remained the same despite condo sale prices increasing drastically over the past 20 years.
In Hawaii, condemnation proceedings are under way to enable private citizens to own the property that their homes are built on. Until recently, only estates were permitted to own land, and homeowners leased the land from the estate. In order to comply with the new law, a large Hawaiian
When looking into the history of the building and the surrounding buildings to find out the past they noticed that the property right next door had historical value. This meant it could not be broken down at any point in the future. The land already had specific zoning and ordinances that did not allow them to build the mixed use type of building that they wanted. They then looked to get the zoning changed from a C-2 zoning to a C-3 zoning, which would then allow them to be able to build what they were hoping to build. A C-2 zoning better known as a neighborhood business, permits the uses of C-1 zoning uses, rentals, outdoor advertising, and the building of different forms of shops. The major difference between these zonings is the maximum height limit allowed for the owners of the properties to build. With a C-2 zoning, the maximum height limit for the building is thirty-five feet, or as provided in community standards district. On the other hand, a C-3 zoning allows the height limit to be thirteen times the buildable area (except as otherwise provided in community standards). This distinction in zonings made it imperative for my family to be able to get their zoning change passed for their project. After speaking with the city about this and filing certain motions to change the zoning, the city requested the creation of residential space instead of
Residents have contacted attorney Hector Salvatore to file the resident's lawsuit in the county court next week. But McIntry is also planning to sue the city as well as the county if anyone stops him from acquiring the land. Residents of the area claim that with the new purchase the new homes will bring havoc to the surrounding area. The residents worry that with new homes will bring more projects that the residents have to pay for, like new roads and new sewage lines.
Other amendments to the SAP were approved by the Zoning Ordinance of City of Miami, after the developer purchased adjacent properties that were
Rockwell Center, the company 's flagship project, sits on a 15.5-hectare site in Makati City. It is strategically located between the three major commercial business districts of Makati City, Bonifacio Global City and Ortigas. The Center has been successfully developed into a self-contained, mixed-use community consisting of seven high-rise upscale residential towers, two office buildings, a lifestyle shopping mall, a city club, and a leading business graduate school.