A reader asks, “Our HOA has 22 units with no swimming pool, tennis courts, playground, club house, etc. We now have $1 million per occurrence and $2 million aggregate on our general liability insurance policy and a $5 million umbrella policy. What do most HOAs our size and situation carry on general liability and umbrella? We’re discussing the…
Bay Cliff Estates Condominium Association v. Harbor Club Properties, Inc., No. 292083, Mich. App. Ct., September 21, 2010
Developmental Rights: A Michigan appeals court affirmed a finding that the owner of a walkway adjacent to the bottomlands of a marina was part of excepted property in the developers’ recorded master deed.
In keeping with the Great Lakes Submerged Lands Act, the state of Michigan leased the bottomlands of Suttons Bay marina to Church & Church, Inc. The property described in the lease included a walkway approximately 10 feet wide that runs along the edge of the marina. Harbor Club Properties and the other defendants built and operated a marina on the leased bottomlands and developed condominium projects nearby. An exception in the master deed for the condominium property excluded, “lands covered by the Suttons Bay Yacht Basin description, a proposed marina condominium.”
We have been hard at work over the past few months preparing for the season, working with health department officials on new regulations, and most recently we have been working through the new American Disabilities Act (ADA) Legislation to determine how it will affect our clients.
The purpose of this article is to explain who needs to gain compliance with this legislation, as to give you ample time to plan and budget accordingly. Below is a Frequently Asked Questions section. For those affected, compliance is required by March 15, 2012.