Robert M. Meisner: Condominium documents key to mixed-use development

Mark Urban, The Record-Eagle, Traverse City, Mich.
·1 min read

May 17—Q: We purchased a condominium unit with the specific intent to lease it out on a weekly basis.

Unfortunately, it was a mixed-use development and the restaurant on the first floor emits smoke and other odors which are not conducive to anyone comfortably residing in the above unit which has hindered our leasing.

The developer refuses to do anything. What can we do?

A: I empathize with your situation as I have had clients encounter that problem many times.

There are many factors that have to be taken into consideration regarding your recourse against the developer, and perhaps others. It will depend upon the condominium documents, the representations, the warranties given, the quality of construction and the nature of the restaurant.

It does not sound like you received the benefit of your bargain and you should consult a community association lawyer who can review all of the facts and law and provide you with the remedies available.

Robert M. Meisner is the Principal Attorney of The Meisner Law Group, based in Bingham Farms, Michigan, which has provided legal representation for condominiums, homeowner associations, individual co-owners and developers throughout Michigan, including Grand Traverse, Leelanau, and Emmet Counties for nearly 50 years. His book, Condo Living 2: The Authoritative Guide to Buying, Owning and Selling a Condominium is available at www.momentumbooks.com. He can be reached at 800-470-4433 or bmeisner@meisner-law.com. Visit the firm's blog at www.meisner-law.com/blog.