Massachusetts Gets it Right Regarding Anti-Litigation Provisions

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…

Are You Sure You’re Insured? Read Your Condo Policy Carefully

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…

Tips on How to Handle Disputes With the Condominium Developer

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…

Who is the Developer of my Condominium?

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…

A Roadmap to Discovering and Resolving Common Element Construction Defects

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,…