First, it should be noted that this is a developing story, and information continues to come out regarding who knew what and when, so it may be premature to blame anyone for this horrible accident at this point in time. However, it is important to take this opportunity to reflect on best practices for all…
By Robert M. Meisner With many new Developers jumping into the condominium development craze, there may be a relapse to the abuses that took place in the late 70’s and early 80’s when certain national developers built large projects but cared little about the quality of the product and cared even less about properly funding…
We have previously written about Michigan HB 4446, advocating for removal of the exemption for developers in the bill, or in the alternative, abandoning it. Now, a new Massachusetts Supreme Court ruling in Trustees of the Cambridge Point Condominium Trust vs. Cambridge Point, LLC has been published, where the court found an anti-litigation provision in the…
A new unpublished opinion of the Michigan Court of Appeals, Lake Area Group LLC v. Selbert, Not Reported in N.W.2d, 2017 WL 6542560, is an instructive example of what can happen if experts disagree about the safety of an element as constructed by a developer. The factual background from the decision reads as follows: “This…
Condominium insurance policies can be incredibly confusing to the average board member. Even though there may be no “fine print” and everything is typed the same size, the many definitions, endorsements, and cross references can create a forest of exceptions that make it difficult to know exactly what you’re paying for or getting. Sometimes, even…
Two Months Late and Thousands of Dollars Short A recent appellate decision in the matter of Center Street Lofts Condominium Ass’n v. Center Street Partners, L.L.C. et al. (Not Reported in N.W.2d, 2016 WL 7496614) provides an example of how a failure to promptly pursue a claim can lead to expiration of applicable statutes of limitations, which in…
A. DON’T DO IT YOURSELF Turn the matter over to your experienced community association attorney – otherwise, you will be outgunned and outsmarted, as most developers are sophisticated businesspeople with an army of lawyers. B. DETERMINE WHAT MAY BE AT ISSUE Circulate a questionnaire to all co-owners regarding construction defects and other problems. If the defects…
The Michigan Condominium Act, specifically MCL 559.106(2), defines a “Developer” of a Michigan Condominium as follows: (2) “Developer” means a person engaged in the business of developing a condominium project as provided in this act. Developer does not include any of the following (a) A real estate broker acting as agent for the developer in…
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 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…