Court Rules Condo Developer Improperly Charged Fees for Recreational Facilities (MI)

/ Owner - May 7, 2021

In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. 353045), the Michigan Court of Appeals ruled that the successor developer of a RV condominium improperly charged the co-owners for fees related to recreational facilities that the developer owned on an adjoining property. The decision is important as it is the first case that interpreted the requirements set forth in MCL 559.234 of the Michigan Condominium Act, and accompanying administrative rule, Mich Admin R 559.111, that must be complied with in order to charge fees to use recreational facilities that are located outside of a condominium.   Read the entire article……………………………….

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