2 Crocker Blvd. Suite 301 • Mount Clemens, MI 48043 • (586) 465-9529 • steve@sowell-law.com
- Community Association Law
- Frequently Asked Questions
- Real Property Notes Blog
- Insufficient Tender; Property Not Redeemed
- Redemption Period Runs from the Date of Sale
- Yet Another Panel of the Court of Appeals Finds Short Term Rentals Violate Residential Use Restrictions
- “Occupancy” for Purposes of Landlord-Tenant Relationships Act Defined
- Short-term Rentals Again Found to Violate Restrictive Covenants
- Association Only Required to Give Notice, Not Prove it was Received; Failure to Use Smith/Pirgu Framework Required Remand
- Two Month Delay in Approving Handicap Modification Request Not Unreasonable
- Condominium Association Entitled to Attorney Fees in Appeals
- No Interest in Property? No Notice? Foreclosure Sale Not Subject to Automatic Stay
- Affidavit of Facts Sufficient to Set Aside Sheriff’s Deed
- Complaint to Set Aside Foreclosure Sale Must Be Filed within the Redemption Period
- “Proper Purpose” is a Low Bar
- MCL 600.3280 Not a Defense if Mortgagee/Holder is Not the Foreclosure Sale Purchaser
- Owner of Unbuilt “need not be built” Units Does Not Need to be a Developer for Pre-2016 Version of MCL 559.167
- Co-Owner’s Request for Records Can be Supplemented by Complaint
- Short Term Rental Violates “Residential Use” Restriction; Restriction Not Waived
- Occupant With Actual Notice of Eviction Proceedings Barred from Bringing Second Lawsuit Despite Not Being Specifically Named in the Eviction
- Sixth Circuit Remands to Bankruptcy Court to consider Whether MI Tax Foreclosure Might Be Set Aside as Constructive Fraudulent Transfer
- Due Process Challenge to Prior Version of MCL 559.167 Fails
- Landlord of Condominium Unit Can Be Held Liable under MCL 554.139; Condominium Association Cannot.
- Developer Must Properly Disclose Obligation of Co-owners to Support Recreation Facilities
- Amendment of Condo Docs without Consent of Successor Developer Held Void
- Co-Op member Held a Lessee Who Can Make Premises Liability Claim; However, Claim Denied Because Open and Obvious
- Court of Appeals Again Holds Condominium Act Incorporates Foreclosure by Advertisement Act
- Co-op Member Not Entitled to Recover from Co-op for Slip and Fall on Snow/Ice
- Reasonablness of Fines is a Question of Fact; Fines Not Subject to Lien and Foreclosure
- Condo Lien Foreclosure Reversed on Appeal due to Appellant’s Unauthorized Practice of Law
- Failure to Award Attorney Fees held Abuse of Discretion
- Amendment to Condominium Bylaws Not Approved by Co-Owners; Association Cannot Enforce
- First Mortgagee Purchases Property from Second Mortgagee after Foreclosure of Second Mortgage; Debt Secured by First Mortgage held Satisfied
- HUD Revises Single-unit and Project Approval Questionnaires
- Settlement Agreement Forgiving Assessments Not a Modification of Percentages of Value, but Former Board Members can be Sued under Member Oppression Provision of Nonprofit Corporation Act
- Option to Purchase Not Invalid for Lack of Definite Price
- Easement Not Part of Common Elements, but Association Required to Contribute to Road Expenses under Common Law
- Landlord Did not Violate Anti-Lockout Statute by Changing Locks Without Court Order
- Condominium Did Not Violate PWDCRA By Denying Requested Modification
- MCL 559.140 Interpreted to Apply to Developer Deviations Only
- Change of Directors Sparks Management Company Lawsuit
- Court Must Examine Validity and Reliability of Evidence Regarding Need for Emotional Support Animal
- One Year Limitation on Lawsuits in Purchase Agreement Upheld
- Lease with Option to Purchase Required Written Notice to Exercise Option. Written Notice Not Given; Holding Over for 14 Years Held Not Evidence of Exercise
- Builder Not Entitled to Construction Lien Against Land Contract Purchaser Who Never Paid Any Part of the Purchase Price; Slander of Title Occurs When Lienholder Refuses to Discharge Invalid Lien
- MI Tax Foreclosure Process Ruled Unconstitutional Taking
- Only Personal Property, Not Real Property, can be Converted
- Conditional Development Rights Expired; “Building B” Becomes Common Elements
- Title Company Not Liable for Blocked Alley
- Another Decision Interpreting a “Judicial Claims and Actions” Provision
- MCL 559.195 Used to Reform Percentages of Value
- Condo Not Obligated to Arbitrate, Not Barred from Suing to Enforce Condo Documents
- Complaint Dismissed Against Law Firm and Managing Agent over Condominium Lien Foreclosure
- Amendment to Bylaws Restricting Rentals Applies to “Lease” Existing Prior to Amendment
- Change in Leasing Restrictions Enforced Against Co-owner Who Failed to Comply with Changes
- What Does It Mean to Rebuild a Condominium Unit “Substantially In Accordance with the Original Plans and Specifications”?
- Award of Attorney Fees Can Include Paralegal Fees if Paralegal is Qualified
- Third Party Purchaser at Foreclosure Sale Not Entitled to Deficiency Judgment Against Owner of Property Who Redeemed
- Units Which Reverted to General Common Elements Not Revived by Tax Sale; Units Need Not be Owned by a Developer to Revert to General Common Elements
- 2016 Amendment to MI Condominium Act Not Given Retroactive Effect; Units Became General Common Elements
- HUD Issues Guidance for Assessing a Request for an Animal as a Reasonable Accommodation
- Commission Due on Sale of Property Two Years after Listing Agreement Expires
- Agreement to Pay 50% of Equity in Property is an “interest in land” within Statute of Frauds
- Legislature Amends Foreclosure by Advertisement Statute
- Plaintiff’s Claim Barred both by Judicial Estoppel and by the Statute of Frauds
- Redemption Calculation Fees Capped at $250
- Litigation over Obstructed View Becomes Moot when Plaintiff Sells the Property
- Dismissed Eviction Case Not a Bar to Subsequent Claim
- Construction Lien does not Include Consequential Damages
- HUD relaxes procedures for FHA Condo Approval
- Co-owner held responsible for alterations made by prior owner.
- Purchaser never signed “land contract;” claim dismissed
- Plaintiff signed mortgage but not note; not a “borrower” under RESPA
- Failure to hold annual meetings does not displace board members
- Supreme Court overrules Court of Appeals decision on definition of “modular home"
- Because Detroit landlords are required to obtain certificate of compliance under Detroit Ordinance, MI Consumer Protection Act does not apply to failure to do so
- Landlord’s duties under MCL 554.139 measured from objective “reasonable person” standard
- Provision in MI Condominium Act that condominium liens may be “foreclosed in the same manner as mortgages” incorporates all provisions of Foreclosure by Advertisement statute
- Homeowner ordered to remove fence; accommodation claim rejected
- Adult Foster Care Facility allowed to operate in subdivision
- Reducing attorney fees without considering all Khouri/Pirgu factors reversed on appeal
- Failure to redeem from judicial foreclosure renders appeal moot.
- Smith v Khouri analysis applied to attorney fees in condominium case
- Landlord may not set off post-petition accrued rent against an award of sanctions
- “Surplus after satisfying mortgage” means more than opening bid
- No Breach of Fiduciary Duty when a Board Vote is Unanimous
- Gender-based Swim Time in Association Pool Violates Fair Housing Act
- Excess Proceeds are “Surplus” only if Mortgage is Satisfied
- Ambiguities in Deed Restrictions Must Be Resolved by the Trier of Fact
- Contractual Provision for Recovery of Attorney Fees Not In Conflict with MI Condominium Act
- Legislature expands list of persons authorized to process evictions
- Landlord sanctioned for violating automatic stay, even though automatic stay was ultimately lifted
- Mortgagee may apply association insurance proceeds to pay down loan rather than repair condominium unit
- Landlord not liable for double security deposit withheld
- No recovery against condominium for open and obvious condition
- No claim and delivery action for possessions left in foreclosed home
- “Demand” vs. “Claim” for surplus proceeds at foreclosure sale
- Co-owner liable for $12,875 in fines, $14,900 in attorney fees
- Will homeowner association restrictions become unenforceable because of an amendment to the Marketable Title Act?
- Lots abutting lakefront park do not automatically have riparian rights
- Association Can Enforce Leasing Restrictions
- Co-Owner loses lawsuit over smoking
- Construction Lien Act amended
- Homeowners Insurance does not cover “business pursuits"
- No Redemption, No Standing
- Multiple Late Payment of Rent Precludes Renewal of Lease or Exercise of Option to Purchase Premises
- Condominium Lien Merges with Deed from Owner in Lieu of Foreclosure
- Service Fees Going Up
- Extension of Time to Pay Note is Supported by Consideration
- Mortgagor Lacks Standing to Contest Assignment of Mortgage
- Mortgagee Cannot Expunge Sheriff’s Deed by Affidavit
- Bylaw Provision Confers Membership in Summer Resort Association
- Condominium Association’s Duties Differ whether Plaintiff is a Co-owner or a Tenant
- Shareholder Entitled to Requested Records, but Attorney Fees Denied
- Prior Recorded Condo Lien Takes Priority Over Federal Tax Lien, But Only to Assessments, Costs, and Attorney Fees Accruing Prior to Recording of Federal Tax Lien
- Legislature Passes Uniform Commercial Real Estate Receivership Act
- Litigation Approval Clause Upheld On Appeal
- Homeowners Required to Re-Paint Home
- No Structure, No Principal Residence Exemption
- Tax Foreclosure: County May Not Rely on Index of Register of Deeds Records
- Easement for “Ingress and Egress” Not Limited to Residential Use
- Master Deed is “Private Deed Restriction” that Survives Tax Sale; Purchaser of Two out of 10 Units is Not a Successor Developer
- Purchase on Land Contract is a “Complete Replacement” of Property Destroyed by Fire
- Condo Association Sanctioned for Recording Lien for Developer Litigation Assessment not Approved by Membership
- Court of Appeals holds: (1) Amendment of Bylaws by Board did not Violate Co-owners’ Rights; (2) Hypertechnical Adherence to Roberts Rules Not Required; (3) Providing Records Not Required if Co-owner has Improper Purpose for Requesting; and (4) Gratituitous Provision of Web Services Not Compensable
- Violation of Local Ordinance does not Grant Private Right of Action
- Short-Term Rentals Violate Restrictions to “Private Dwelling” and Prohibiting “Commercial Use"
- Owner Not Personally Liable for Taxes which Accrued Prior to Ownership
- PRE Exemption Not Lost By Renting Residence for More than 14 Days
- Wife Signs Note, Both Husband and Wife Sign Mortgage; Mortgage Valid
- No Irregularity in Foreclosure Proceeding, No Relief
- Whose Postmark Matters?
- Property Tax Repayment Agreements Unenforceable?
- Failure to Initial Changes to Offer to Purchase; No Contract
- Agreement to Allow One Co-owner Exclusive Use of General Common Elements Enforceable
- Disclosure Statement states “Seller has never lived at the property”: Buyer Has No Claim
- Prohibition on Using Lots for Commercial Purposes Bars Any Rentals
- Option Signed Before Agency (commission) Agreement Did Not Extend Period of Agency Agreement
- Terms in Restrictive Covenant Should Be Given Ordinary Meaning; Covenant Enforced
- Retaining Wall Trespasses, but Owner Entitled to only Nominal Damages
- 6th Circuit Court of Appeals Interprets MCL §600.3280
- Amendment of Articles of Incorporation for Homeowner Association Does Not Extend Deed Restrictions
- 2nd Mortgagee’s Claim to Surplus Proceeds Has Priority Over Claim by Mortgagor’s Estate
- Registering the New Co-Owner: The Attorney’s Perspective
- Properly Perfected Assignment of Rents: Rents Not Part of Bankruptcy Estate
- Parties May Agree to Extend a Redemption Period
- Alleged Mismanagement not a Defense To Collection of Assessments
- Occupational Code does not Prohibit Private Right of Action Against Real Estate Brokers and Salespersons, but they are not Subject to Claims of Professional Negligence (Malpractice)
- Landlords Not Required to Lease to Marijuana Users
- Dower Abolished in Michigan
- HUD’s Harassment and Quid Pro Quo Rules Affect Condominiums
- Landlords Beware when Evicting Tenants
- Holdover after Foreclosure not a “Tenant” within Meaning of Anti-Lockout Statute
- No Surplus Proceeds Unless Mortgage Paid in Full
- Assignment of Rents is Not an Assignment of the Underlying Lease
- Tax Foreclosure on Condo Garages Held Void
- 6th Circuit BAP: Rescheduling Sheriff’s Sale in Pre-petition Foreclosure Proceeding Not a Violation of Discharge Injunction
- President Signs Housing Opportunity Through Modernization Act Which Changes FHA Requirements for Condominium Approval
- Saurman Holding Extended to Judicial Foreclosures
- Legislature Amends Withdrawal Rights for Unbuilt Condominium Units
- Mortgagor who removes fixtures during redemption period has not committed larceny
- Unincorporated Association is a Legal Entity
- Khouri Analysis Extended to other Statutory Fees
- Competing third-party purchase money mortgages: first recorded has first priority
- Get it in Writing!
- Bad Contracts are Still Contracts
- Dont Be Late! Sixth Circuit reverses allowance of late-filed claim in Chapter 13 Case
- Chapter 13 Plan May Not Manufacture Homestead Mortgage Default In Order to Pay Debtor’s Attorney Fees
- Mortgagors Contacted Wrong Party to Calculate Redemption
- Rental Income is Not Property of Bankruptcy Estate if Assignment of Rents is Perfected Prepetition
- Insurer Who Pays Proceeds to Mortgagee after Full-Debt Bid Liable for Conversion
- Condominium Cannot by Rule Shift Responsibility for Repair
- District Court Possession Judgment Determining End of Redemption Period Cannot Be Collaterally Attacked in Circuit Court
- FHA Changes Condo Recertification Requirements
- Trial Court Should Have Considered Request for Post-Judgment Attorney Fees
- Merger Applies to Mortgagee Who Acquires Property from Condominium
- Association Cannot Impose Greater Restrictions on Subdivision through Adoption of Bylaws
- The Adage “you snooze, you lose” Applies to Claims for Surplus Funds
- Association Has No Authority to Allow Encroachment into Common Areas
- Doctrine of Merger Applied to Prevent Mortgagee from Avoiding Payment of Condominium Assessments
- Condominium Act Amended
- Co-op Entitled to Principal Residence Exemption
- Co-owners Are Neither Lessors nor Invitees nor Licensees
- When is Value Determined in a Chapter 13 Case?
- Debtor Who Lives in half of Duplex can Modify Mortage—and possibly condominium lien
- Failure to file Proof of Claim does not affect validity or amount of mortgage
- Court of Appeals declines to extend duties under Landlord-Tenant Relationships Act to condominiums
- Summer Resort Association recovers attorney fees by virtue of corporate bylaws even in the absence of a provision in the Reclaration of Restrictions
- Mortgagee’s Attorney Fees Secured by Mortgage and May Be Added to Proof of Claim, Subject to Court Determination of Reasonableness
- Notice to Quit may now be served by e-mail
- Requirement that lawsuit be funded by special assessment cannot be circumvented by increasing the general assessment
- Mortgage may not be reformed or modified once it has been foreclosed
- Changes to the Nonprofit Corporation Act continued
- Significant Changes to the MI Nonprofit Corporation Act will affect community associations
- Court affirms right of association to deny fence request for purely aesthetic reasons
- Tax-foreclosing county not liable for condominium assessments
- Recording Saurman affidavit did not void mortgage foreclosure sale
- “Successor” to the developer
- Affidavit of Lost Mortgage can be used instead of original mortgage
- Violation of local ordinance may give rise to cause of action against Condominium.
- Denial of unemployment benefits violation of Medical Marihuana Act
- Summer Resort Associations can have perpetual existence
- Landlords can no longer turn a blind eye to crime committed on rental property
- Court of Appeals reaffirms high standards necessary to challenge a foreclosure
- Easements and Land Contracts
- Assignment of Land Contract cannot be used to avoid personal liability
- 150-day bar from refiling upheld despite condominium’s appeal
- Opposing counsel not required to drive defendant to court.
- 6th Circuit Court of Appeals sets standards for evaluation of a “reasonable modification” claim under FHA
- FNMA only liable for post-sale assessments
- Lot owner submits plans for dock which are approved, but constructs different dock. Dock ordered removed
- Association prevails, but recoups only 1/5 of requested attorney fees
- Pump House violates covenants; ordered removed
- Condominium lien has priority over second recorded mortgage
- Pre-approval Litigation Clause Upheld in Published Opinion
- A co-owner’s right to inspect Association Books and Records
- Are post-filing condominium assessments discharged in a bankruptcy?
- Third Court of Appeals Decision Finds Foreclosing Lender Liable for Condominium Assessments from the Date of the Foreclosure Sale
- How much should an association have in reserves?
- Who is “qualified to vote?"
- Second Opinion on Mortgagee Liability for Assessments
- Seminar on opting out of the new audit or review requirements
- A co-owner wants copies of meeting minutes; do we have to provide them?
- Can a Condominium Association Levy Fines?
- Court of Appeals Opinion on Mortgagee Liability for Assessments
- Withholding Assessments
- American Flags and Condominiums
- Medical Marihuana and Condominiums
- New Right of Inspection post-Foreclosure
- Can an association prohibit sex offenders from residing in the project?
- New audit requirements for condominiums
- Published and Unpublished Opinons
- Articles
- Board Responsibilities and Liabilities
- Model Collection Policy for Community Associations
- Getting Your Money
- Securing Co-owner Compliance: The Remedies Available to a Condominium Association
- What to Do when the Community Member Files Bankruptcy
- The Importance of Taking and Keeping Good Minutes
- Six Steps to Control Parking
- Understanding Proxies, Absentee Ballots, and Now Electronic Ballots
- The Forms of Business Ownership in Michigan
- How to Opt Out of the New Accounting Requirements.pdf
- How to Opt Out of the New Accounting Requirements
- Service of Process and the Statute of Limitations: Tuning the Standards
- Pre-Foreclosure Sale Losses: A Trap for the Unwary Mortgagee
- Ten Things I Wish Process Servers Knew
- Fitting the Round Peg into the Square Hole: Condominium Assessments in Chapter 13 Bankruptcy
- Condominium Associations Get a Break - Or Do They?
- Foreclosure by Advertisement v Foreclosure by Judicial Action.pdf
- Fines Complaint.pdf
- Fines Procedure.pdf
- Status Letters.pdf
- Lien Request Form
- Land Contract Law
- Landlord-Tenant Law
- Other Services
- Site Map
- Fees
- Behavior