Legal Question in Real Estate Law in Michigan
Road connection thru a Common Element?
My wife and I purchased a condominium. We received a Master Deed with amended and restated bylaws. This document is recorded �As Built�. It clearly shows our private drive to be a wholly contained element within the property lines of our condo development.
In 2001, we became aware of impending plans for the construction of new condominiums adjacent to our condo. The plans published by the developer indicated, �Connect to existing court with proposed road connection.� No proposal was ever presented to the Co-owners.
According to our Master Deed, �granting any easement, rights of entry, rights of way and licenses to through over and with respect to the Common Elements of the Condominium requires an affirmative vote of more than sixty percent of all Co-Owners.� No vote was taken granting the adjacent developer easements through our Common Element.
The adjacent developer may have rights for existing roads, but have no right to seize our Common Element and transform it to the own purposes. The adjacent development has full ingress and egress to their property via frontage and connection to a county road. They are not landlocked.
We would be seeking to restore and repair our drive to the Master Deed.
Is this reasonable?
1 Answer from Attorneys
Re: Road connection thru a Common Element?
Yes, this is reasonable. To best advise you though, I would need to see the Master Deed and Bylaws. If you would like to set up an appointment, please contact my office at (248)851-3171.
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