Legal Question in Real Estate Law in Michigan

Re: Owners paying for a pond and not receiving one from developer

This is an unusual situation. Usually, the Master Deed states the necessary amenities that have to be built. The condominium owners don't pay a separate fee, it is simply part of the sales price. Your rights would be addressed in the Master Deed, and amendments, and any other written documents regarding this pond. It is principally a contract action. It is not really a real estate matter, except to the extent that it may involve a condominium master deed.

Part of the problem is there is likely a discrepancy between what was said, what was perceived, and what the condominium master deed and/or the local municipality require. If there is liability on the part of the developer, a court could require it to complete construction of the pond. Your damages could be affected by several factors, depending upon the circumstances. You might be required to minimize your damages by completing the pond, if the cost of completing it is less than the amount by which your property would be devalued.

You should consult an attorney concerning the particular facts and circumstances affecting your property. This response does not create an attorney/client relationship and should not be relied upon as legal advice. Your rights and obligations might differ, depending upon all factors which affect this matter.