Bethany Marina Townhouses Ph. II Condo. Inc. v. BMIG, (DE)

After several years of not completing outstanding condominium units, and for nonpayment of boat-slip fees, the condominium association motioned for summary judgment against the developer. Based on the condominium declaration language and the formalizing of annexations by plan amendment, the court determined that land foreseen for structures but not built, as well as the accessory structures, remained the developer’s property. The access easement did not expire, even if the deadline to annex did. The court denied the association’s motion. It granted defendant’s motion with regard to land, but not the boat-slip fees.  Read the article………..


Related Articles

Re-Recording Judgment Liens: The Importance of Timing

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial

Prosecutors, defense disagree on delay time for federal homeowners association trial (NV)

Federal prosecutors and defense lawyers are at odds over how long to continue the high-profile trial of 11 defendants charged

Senate Bill 610 Passes: Is the amendment to MCL 559.167 of the Michigan Condominium Act constitutional?

On June 22, 2016, Governor Snyder signed Senate Bill 610 after it underwent several amendments in both the house and senate. 610 will become effective as of September 21, 2016