Spring-Summer 2020

Volume 47, Nos. 1-2

FEATURE ARTICLES

A Developer’s Perspective of the Discussion Involving—Section 67 of the Condominium Act: Time

By Scott H. Brock

At the commencement of the 2000s, the real estate market was booming; not only was the market stuffed to the brim with prospective homeowners, but new condominium projects were a common occurrence. However, this successful market did not last. When the housing market crash plagued the nation, the negative effects were felt throughout the industry. Homeowners during the crash lost the ability to afford their adjustable rate mortgages, and developers lost the financial means to complete their projects. Left without funding, many condominium projects stalled for years, often never reaching completion. In addition to the housing crash, another lurking darkness was about to come to the surface to further the pain developers, co-owners, and all others involved with condominium projects would feel alike—Section 67(3) of the Michigan Condominium Act (“Act”).

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The Evolving Landscape of Housing Sex Discrimination Claims

By Kayleigh B. Long

On April 11, 1968, the U.S. Congress enacted the Fair Housing Act (the “FHA”) in order to provide for fair housing throughout the country and prohibit discrimination in the sale, rental and financing of housing. However, the FHA, as originally enacted, only prohibited discrimination based on an individual’s race, color, religion or national origin. On August 22, 1974, Congress amended the FHA to include sex as a protected class, prohibiting discrimination “against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.”

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Prescriptive Easements, Deed Restrictions, and the Marketable Record Title Act: The Facts Will Contr

Prescriptive Easements By William E. Hosler

This article is an overview of the establishing law and a general consideration of easements created by prescription, deed restrictions, and their interplay with Michigan’s marketable record title act. Depending on the facts, either the legislature, the judiciary, and/or the contracting parties will determine how the land may be used.

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Common Issues Regarding the Validity, Enforcement and Priority of Construction Liens

Common Issues

By Lawrence M. Dudek

Construction liens may arise where the contractor fails to use funds paid by the owner to make payment to subcontractors or suppliers on the project, the owner lacks sufficient debt and equity funding to pay for the costs of the work, or the owner withholds payment to the contractor due to an existing contractual dispute. Substantial scope changes, unforeseen conditions, delays, material price increases, labor shortages, cost overruns, casualty losses, or other events may significantly increase the cost of completing the work, resulting in cessation of work and bringing the project to a standstill. Financial distress may result in default in the construction loan financing and the construction lender’s exercise of default rights and remedies under the loan documents.

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COLUMNS

Continuing Legal Education

By Jason Long

2020 Winter Conference in Coronado
"Earth, Wind & Fire”

The 2020 Winter Conference held at Hotel del Coronado in Coronado, California on March 12-14, 2020 was a success. The Section thanks Program Chair Erica N. Payne of Kendricks, Brodeau, Keefe, Seavoy & Larsen, for planning this engaging, thought-provoking Winter Conference.

A special thanks to our Platinum Sponsors:
Fidelity National Title Insurance Company National Commercial Services—Troy
First American Title National Commercial Services
Giffels Webster

A special thanks to our Gold Sponsor:
eTitle Agency

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COLUMNS

Chair's Report

By Catharine B. LaMont

Last July, I approached this year with excitement and a little pride in the chance to serve as Chair of the awesome group of lawyers that makes up our Section and the Council, not to mention our unequaled Administrator, Karen Schwartz. I have to admit that as intimidating as this responsibility seemed, I felt a level of comfort. The Section has been in more than capable hands for as long as I can remember. There were no glaring problems to fix or obvious challenges to confront, just perhaps a little tweaking and massaging to make a great Section sustainable. How life surprises!

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Legislative Report

By Gregory J. Gamalski, Bodman PLC

This legislative summary also includes Executive Orders issued by the Governor and Michigan Supreme Court Administrative Orders related to the pandemic. Both branches, particularly the Executive Branch, issued emergency orders addressing the public health crisis.

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Real Property Winter Conference 2024

Dates: March 7–9, 2024
Location: The Westin Kierland Resort & Spa, Scottsdale, AZ

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Save the Date—Summer Conference 2024

Date: July 17–20, 2024
Location: Grand Traverse Resort, Traverse City, Michigan

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Save the Date—Real Property Law Academy I

Date: September 17-18, 2024
Location: L.V. Eberhard Center, Grand Rapids

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Take the opportunity to get involved by writing for one of our publications, presenting at a conference or seminar, or joining one of the committees that cover virtually every area in real estate law. See our committees and how you can join.