24 Frank Lloyd Wright Drive, Suite D2000
Ann Arbor, Michigan 48105
In May, PSED obtained a significant favorable ruling from Judge Kuhnke of the Washtenaw County Circuit Court on behalf of a real estate developer in a complicated dispute with a condominium association. During the housing market crash in 2008, the prior developer was not able to complete all the phases of a condominium complex and 210 unconstructed condominium units went into tax foreclosure. In 2015, the County Treasurer sold the units at the tax foreclosure auction to a developer who planned to construct the units. The condominium association claimed that the units had been converted to common elements and thus could not be taxed, and therefore could not be foreclosed for back taxes. The issues before the Judge included the failure of the condominium association to properly change the units to common elements, and the retroactive application of the amended statute that changed the procedure to convert unbuilt condominium units in to common elements. Scoff Munzel, real estate lawyer in Ann Arbor, argued the case on behalf of the developer, who plans to proceed with the development in the near future.