The improving real estate market has resulted in decreased home inventories, which has created an increased demand for new construction condominiums. Many potential purchasers will look to buy new construction condominium units with the expectation that the general common elements will be free from construction defects. This expectation often arises from two common myths. First,…
By Robert Meisner Frequently, we are asked about what questions a Condo Board should ask to find out the truth about the real cost of legal services, as some attorneys may try to brand some competitors as “expensive” in order to discourage condominium associations from hiring that firm. I thought it would be a good idea, therefore, to discuss…
Michigan has been blessed with the Great Lakes which has resulted in numerous condominium projects being developed on or near the water that are intended for daily or weekly use by temporary occupants. These condominium projects are often referred to as “Condominium Hotels”, “Resort Condominiums”, “Condotels” or “Vacation Condominiums” despite the fact that the Michigan…
By Robert Meisner Most Michigan residents are familiar with the Dr. Ron Davis Smoke-Free Air Law of 2009; if not by name, then by its radical ban of smoking in Michigan’s restaurants and taverns. It is hard to imagine another law that has changed our daily lives more. The Act, and others like it around…
By Robert Meisner One of the many problems that an Association Board and its legal counsel will face in pursuing any construction defect litigation is keeping the Co-owners advised of the progress of the claim and/or lawsuit and giving them enough information to have them appreciate the need to pursue the developer and other responsible…
By Robert Meisner What is the duty of the Community Association (the Board of Directors) to act? I have been asked to write a brief article on whether Boards have a choice when it comes to enforcing the provisions of the Community Association Documents. What can be the consequences of that choice and to what…
By Robert Meisner Many of our clients have recently been approached by their local cable franchise with an agreement which seems too good to be true. We agree. In most cases the agreement is too good to be true and should be reviewed first by legal counsel. Routinely, the cable company has offered to pay the…
By Robert Meisner By giving property managers the power to oversee a community, they become potentially liable to persons who may be injured, or for property that may be damaged. Consequently, property managers are often named as defendants in premises liability and other lawsuits. Therefore, it is imperative that property managers understand their potential for…
By Robert Meisner In order to determine whether you are a good candidate for condominium living, you must understand the benefits and the disadvantages of condominium living. Those of us who are involved in the condominium industry will always agree on at least one thing. The biggest problem in the condominium setting is the condominium…