traverse bay rv resort lawsuit

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A disclosure statement shall not be used unless it meets the requirements set forth in the act and these rules. The court of appeals rejected this argument by analyzing a developers disclosure obligations under the Michigan Condominium Act as follows: Scheppes argument makes little sense in a situation such as the present one, where the co-owners were obligated to pay for the recreational facilities independent of their membership in the condominium association. We stopped here because we wanted to visit friends who bought a site and spend the summer here. We have stayed there twice. If you prefer to speak directly to us from May 1 through October 30, you may call our office daily 9:00 am 5:30 pm (4:00 pm on Sunday) at 231-938-5800. The trial court later granted summary disposition in favor of the Trust on the remaining claims and ruled that Scheppe violated Mich Admin R 559.111 and awarded the Trust a reimbursement of the usage fees that it had paid. Featuring true Texas hospitality in a relaxing country setting, Bluebonnet Ridge is Circle Pond is a private tiny home community under development in South Hillsborough We love tiny houses in Florida. The Official Facebook Page for Traverse Bay RV Resort near Traverse City, Michigan. al., Grand Traverse County Circuit Case No. Anoasis Long Hai Resort. more. Moreover, to serve the customers best, it also provides concierge and notary public service. Mr. Hirzel has been interviewed on community association legal issues by various media outlets throughout the country, such as CBS, CNBC, Common Ground Magazine, Community Association Management Insider, the Dan Abrams Show on SiriusXM Radio, the Detroit News, Dr. Drew Midday Live on KABC Radio, Fox Business News, Fox News, HOALeader.com, the Law & Crime Network, Michigan Lawyers Weekly, NPR, WWJ News Radio and WXYZ. This is truly a luxury RV resort. Many of the owners had custom drives and other outdoor amenities that made their site home. All cruisetour itineraries between Siem Reap and Saigon pass through Phnom Pehn (Cambodia's capital city) and cross through Tonle Sap Lake. This year we stayed on north look which is the newer section. We have consistently held a Good Sam 10/10*/10 rating since 2007 which is the highest rating in the country. Traverse Bay RV Resort is an adult-oriented RV park located in the heart of Northern Michigan. No trash cans for dog poop bags even at the park. The most famous museums areHo Chi Minh City Museum, Revolutionary Museum, Vietnamese History Museum,Museum of South-Eastern Armed Forces, War Remnants Museum, Fine Art Museum, Southern Women Museum, Nha Rong Memorial House, Ben Duoc Relic of Underground Tunnels. The container terminals SSIT (SP-SSA International Terminal, by Saigon Port/Vinalines and SSA Marine Seattle) and CMIT (Cai Mep International Terminal, 2007-opened)have combined quay length 1,8 km and capacity to handle cargo carriers with max DWT 165,000 and ULCVs (Ultra Large Container Vessels) with max capacity 18,000 TEU-containers. 20 likes. We understand how important Wi-Fi is to both our owners and guests and strive to provide the best. Ho Chi Minh City also has two river ports where cruise ships are usually berthed. If installed, the Developer reserves the right to implement a shared use (membership) arrangement for the Co-Owners of this Project and those of any adjacent or proximate lots or projects; however, each Co-Owner will have the right, by virtue of ownership of a lot in the project, to utilize any such installed recreational facilities. Spring Rates (May 1 - May 18): $79.00 Shoulder Rates (May 19 - June 15): $89.00 Peak Rates (June 16 - September 4): $110.00 Shoulder Rates (September 5 - October 9): $89.00 The 2012 agreement also purported to prohibit the co-owners from inspecting the books and records related to the recreational facilities. The Third Amendment did not purport to affect the size of the Condominium or the expandability of the Condominium. (1) The developer shall provide copies of all of the following documents to a prospective purchaser of a condominium unit, other than a business condominium unit: (d) A disclosure statement relating to the project containing all of the following: (x) Other material information about the condominium project and the developer that the administrator requires by rule. What does it matter what the average age is of other guests? Two weeks last year and 3 weeks this year. Yes, we do have people once a day driving around with clipboards to make sure departures have left for incoming arrivals but they are certainly not spies. Ho Chi Minh City is a wonderful destination that most tourists choose as the first start for their trip in Vietnam. 353045), the Michigan Court of Appeals ruled that the successor developer of a RV condominium improperly charged the co-owners for fees related to recreational facilities that the developer owned on an adjoining property. This is a beautiful, well maintained park - full of friendly, active owners and guests. (iii) An arbitration clause to settle disputes upon consent of the parties shall be included in the condominium legal documents. (v) The books and records of the recreational facilities shall be kept separate from other operations and shall be made available for inspection by the co-owners. In other words, even if the facilities were not currently being offered to third parties, if such offers were contemplated, the rule would apply. 23rd Floor, TASCO Building, Pham Hung road, Me Tri, Tu Liem, Hanoi. Guests must clean up after their pets on an on-going basis throughout the park including the hiking trails. 2023 Vietnam Discovery Travel. Claim it and Unlock Features (It's Free) Overview 68 Photos Amenities 121 Reviews 31 Tips 1 Q&A 5555 M 72 E Williamsburg, MI 49690 View Phone View Website $$$$ Average Rate 217 Sites Hookups 68+ 100 m 500 ft + - Located on the southern shore of Con Dao island, Six Senses Con Dao resort brings direct access to the most secluded part of the coastline. If you are a resident of another country or region, please select the appropriate version of Tripadvisor for your country or region in the drop-down menu. As a result of a prior lawsuit in 2012, Scheppe entered into an agreement with a group of 21 co-owners in the condominium, purporting to set a flat fee for usage of the recreational facilities instead of a charging a proportional share of the actual cost of the maintenance and repair of the recreational facilities as indicated in the condominium 5555 M-72 East Williamsburg, MI 49690. The other port (Hiep Phuoc) is approx 16 km (10 mi) from downtown. 37085 Grand River Ave, Ste 200 Farmington, MI 48335 Cruise ships dock at port's containership terminal. On September 3, 2010, Defendants Scheppe and the Traverse Bay RV Park Condominium Association recorded a First Amendment and Restatement to Third Amendment to Master Deed (the Restatement). After that, lunches or dinners will be ready in its restaurant. All sites were perfectly clean with utilities well matched for the location. 150 acres of rolling hills, scenic woods and shimmering ponds. Our HOA website has a dedicated domain and provides an online portal for co-owners. Not too far from Marina Bay Vung Tau Resort & Spa, its Hai Duong Intourco Resort. On January 12, 2016, Scheppe recorded a Fourth Amendment to Master Deed (the Fourth Amendment) that purported to renew the six (6) year period in the First Amendment for an additional and six (6) years. Timber Ridge RV & Recreation Resort. If you havent planned your itinerary, dont hesitate to ask the staff. Both times it was super clean. Traverse Bay RV Resort, Williamsburg, Michigan. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. (2) Pursuant to sections 84 and 84a of the act, the developer shall furnish a copy of a current, effective disclosure statement to a prospective condominium purchaser not less than 9 business days before a binding purchase agreement. The worst part is these people pretend to be friendly, and then you receive a "visit" asking you to correct your behavior. Pool. Lan Rung Phuoc Hai Resort & Spa (Long Hai) Location: Phuoc Hai, Dat Do, Ba Ria Vung Tau. Traverse Bay RV Resort, Williamsburg: See 41 traveler reviews, 22 candid photos, and great deals for Traverse Bay RV Resort, ranked #1 of 5 specialty lodging in Williamsburg and rated 4 of 5 at Tripadvisor. We have come here for the past three years and each time we have had absolutely abysmal internet service. More than one laundry. In Vietnam, tour guides require passport details in advance in order to arrange your port passes. Beautiful large concrete pads, great cable, free internet, groomed lawns! Had a pull in site by a little pond. TRAVERSE BAY RV RESORT 5555 M-72 East Williamsburg / Traverse City area, MI 49690 Phone: 231-938-5800 Alternate: Email: info@traversebayrv.com Website: 0 By BigRig2019 Resorts MICHIGAN Petoskey HEARTHSIDE GROVE MOTORCOACH RESORT Contact us today to reserve your spot! Mr. Hirzel has been a Michigan Super Lawyers Rising Star in Real Estate Law from 2013-2020, an award given to only 2.5% of the attorneys in Michigan each year. Few camping experiences are more exhilarating than sleeping under the stars. He represents community associations, condominium associations, cooperatives, homeowners associations, property owners and property managers throughout Michigan. And plaintiffs argument that the phrase is to be enjoyed contemplates future use is compelling. He may be reached at (248) 478-1800 or kevin@hirzellaw.com. The Developer, on behalf of itself and its successors or assigns, hereby reserves the right to charge a reasonable usage or other fee to cover the cost of maintenance and repair of any such amenities. Come join the lifestyle at Traverse Bay! Inside the resort, you can find a beachfront restaurant and an outdoor pool. Individual RV sites are available for purchase or can be rented on a daily, weekly or monthly basis. The use of the recreational areas shall be subject to the rules and regulations, including permitted hours of use (as posted), as may adopted and implemented by the Developer, or its successors or assigns, from time to time (or, if the features are added to the project, the Board of Directors) which shall be applied on a uniform basis to all users of the amenities. (231) 938-5800 :office@traversebayrv.com, Mailing Address: P.O. South loop has best cell coverage. (emphasis added). Bai Truoc (Front Beach), Bai Sau (Back Beach) are the main tourism spots while Bai Dau (Mulberry Beach) and Bai Dua (Pineapple Beach) are less crowded and offer pristine scenery. On December 1, 2016, the Grand Traverse County Circuit Court ruled that units could not be added to a condominium after the expiration of the six (6) year time frame contained in MCL 559.132 in Irish v Scheppe Investments, Inc., et. This is truly a paradise to relax, which is suitable for swimming, relaxing on the sand beach, tasting fresh seafood, drinking cool cocktails on the beach, or diving into cool waters. Picnic table and fire ring. Sorry, the comment form is closed at this time. It is clear from its own language that the statute is concerned with the equitable treatment of all users. MCL 559.234. Own or manage this property? There are 4 different sections of the beach, 2 of which are particularly busy. Any such amenities would be for limited pedestrian use (including hiking and biking) by the Co-Owners (and lot renters) and their guests and invitees only, subject to all reserved rights created herein. Mr. Hirzel has authored numerous articles on community association law for publications such as the Michigan Community Association News, Michigan Real Property Review, Macomb County Bar Briefs and the Washington Post. On June 7, 2007, Traverse Bay RV Park, Inc. assigned its rights as the Developer of the Condominium to Defendant, Scheppe Investments, Inc. (Scheppe). 8:30am 5:00pm, Notice of Available Remedies under the Michigan Condominium Act (LARA), Co-Ops (Michigan State Housing Development Authority Act of 1966), Co-Ops (The Michigan General Corporation Statute), Comparison between Michigan Site Condominiums and Platted Subdivisions (Homeowner Associations), Michigan Summer Resort Owners Corporations Attorney General Opinion #7230, Michigan Summer Resort and Park Associations Act, Michigan Summer Resort and Assembly Associations Act, Michigan Suburban Homestead, Villa Park, and Summer Resort Associations Act, Michigan Parks, Playgrounds, Drives, and Boulevards Act, , unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. Traverse Bay RV Resort, Really nice park but with over 200 sites (and growing) the pool and club house are small - there is no kids playground - the nature trails were both blocked by fallen trees and looked like they had been for awhile. All roads are asphalt and sites are concrete and large g He is a fellow in the College of Community Association Lawyers (CCAL), a prestigious designation given to less than 175 attorneys in the country. Just a few steps of walking, you can take onto the beach or into the pool. Taxis wait outside Port Phu My. Regarding our Clubhouse, we actually have 3 clubhouses. Phone: (231) 938-5800 Fax: (231) 938-5806 (seasonal) Website: www.traversebayrv.com email: office@traversebayrv.com. Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Charles E. Phyle Restated Revocable Trust. Had a pull in site by a little pond. Mr. Hirzel is a dynamic speaker and frequently lectures on community association law throughout Michigan, as well as nationally at the CAI National Law Seminar, and is a two-time winner of the best manuscript award at the CAI National Law Seminar. He is the Co-Chairman of the State Bar of Michigans Real Property Law Section Committee for Condominiums, PUDs & Cooperatives. All sites were plenty big for even the largest of RV. Nothing of any significance was done to improve the situation. Kind of a pain. Also, it is not disputed that the condominium co-owners were all obligated to pay for the recreational facilities, ostensibly on the basis of the condominium bylaws. Individual RV sites are available for purchase or can be rented on a daily, weekly or monthly basis. The resort also has a selection of cottage estates or RV sites for purchase and plenty of fun things to do to keep you busy during your stay. You posted a photo of a possible "spy" just because someone drove past you in a cute golf cart but you failed to post a photo of a supposedly moldy shower. We will not return. Tennis Has Met Its Match: Play Pickleball at These 45 RV Campgrounds, 18 Campgrounds Where You Can Stay Cool This Summer. All the staff and guests/owners were very friendly. They had several small events at the clubhouse. The 80-passenger ship is Viking OCEAN announced its World Cruise 2023-2024, which is spanning 138 days, 28 different countries, and 57 ports, with overnights in 11 cities Emerald Cruises announced it is offering customers an additional GBP 100 per person savings on all new bookings made before April 30, 2021, across Lindblad Expeditions announced new extraordinary adventures into wildness and the seldom-seen. Scheppe is indeed a third party in its role as the owner of the facilities. The court further found that Mich Admin R 559.111 applied because there was current use and contemplated future use of the recreational facilities by non-co-owners. Both times it was super clean. Mr. Hirzel was also named as a Go-To-Lawyer in condominium and real estate law by Michigan Lawyers Weekly. The system consists of 100 rooms designed in contemporary architectural style. As such, if condominium co-owners are required to financially support recreational facilities that are owned by a third party, they should ensure that the third party is operating the recreational facilities in compliance with the Michigan Condominium Act and administrative rules. Have to take it back to your site. 150 acres of rolling hills, scenic woods and shimmering ponds. Specifically, the Court stated that. 2023 Traverse Bay RV Owner's Assoc., All Rights Reserved, Website Design and Development by Pro Web Marketing. Menu Home; Co-Owners Login; Co-Owners Services. My wife and I have been traveling the country for over 15 years now from coast to coast and we have never had an experience like we had at this property. Named Saigon, Ho Chi Minh City served as the capital of France's Cochinchina colony and later of the independent South Vietnam Republic (19551975). Please note that because of the HOA restrictions, we can only accommodate Class A, Class C and Fifth Wheels. After your Reservation Request has been submitted, our staff will call you directly to confirm your reservation dates and to collect your credit card information. Accordingly, while some condominium associations and developers attempt to expand condominiums outside of the six (6) year time period contained in MCL 559.132, the safer course of action is to create a separate condominium in the expandable condominium if the land is going to be developed. House Type(s): RV. He has been named a Michigan Rising Star in real estate law by Super Lawyers Magazine, a designation is given to no more than 2.5% of the attorneys in Michigan each year. Location: 44 Tinh Lo 44A, Long Hai, Ba Ria, Vung Tau, Viet Nam. Please note that because of the HOA restrictions, we can only accommodate Class A, Class C and Fifth Wheels. Pad is concrete. 150 acres of rolling hills, scenic woods and shimmering ponds. This resort has welcomed a lot of local and international guests. Shuttle bus service to Saigon and also to Ba Ria (approx 16 km / 10 mi to southeast) is provided. Their GPS coordinates are - Port Saigon (Latitude 10.492100, Longitude 106.451440) and Port Hiep Phuoc (1038N / 10645E). Hirzel Law was also voted the best law firm in Metro Detroit in the Detroit Free Press Best of the Best awards. It has 150 acres of RV sites and ponds, along with other natural elements that help you feel at home. This resort has great amenities and is so well maintained. Rental Rates | Traverse Bay RV Resort Rental Rates 2023 RV Lot Rental Rates Daily rates for 2023 listed below are for standard back-in sites. Yes, we do have a Park manager that will make sure all posted rules and regulations are followed. Sites are nearby. Location: Long Hai town, Long Dien, Ba Ria Vung Tau province, Anoasis Resort is a beautiful and modern beach resort in Ba Ria Vung Tau province. On August 12, 2005, the Developer, Traverse Bay RV Park, Inc., recorded a First Amendment to Master Deed (the First Amendment). We only had one bar on both carriers and it was a little spotty. natural location is beautiful. Box 525, Acme, MI 49610. Adjacent to Grand Traverse Bay golf resort with three championship courses. 2. Besides, you can try the high-end therapy at their spa as well as join a lot of interesting activities like making coconut oil or learning message skills. Full Hook-Up Swimming Laundry Facilities Recreation Facilities We promise not to share or sell your email, 5555 M-72 East (M stands for Michigan State Rd) Williamsburg, Michigan 49690. Rooms are very spacious, and the raw wooden furnishings create a classy look and give you a bit of a warm and cozy feeling. Looks gorgeous, but they wouldn't let us stay there with our beautiful new Grand Design TT. Besides, various entertainment and service areas are set to satisfy your needs like an infinity pool, spa and health care, cafe and bar, These make it an ideal beach resort to stay, relax, and enjoy meaningful moments with your friends and family. This upscale RV resort can be your temporary or permanent "up north" retreat. 5555 M-72 EastWilliamsburg, MI 49690(231) 938-5800Location: 44.77329, -85.46457. Distance from Ho Chi Minh City: 83.06 km ( 51.61 mil) Transfer time: 1.66 h. Show more. Cable worked fine. Ocean-going cruise ships to Saigon (Ho Chi Minh City) dock at Port Phu My. On July 2, 2009, Scheppe recorded a Second Amendment to Master Deed (the Second Amendment). On August 2, 2010, Scheppe recorded a Third Amendment to Master Deed (the Third Amendment). more, We stopped here because we wanted to visit friends who bought a site and spend the summer here. 2023 Traverse Bay RV Resort While nature surrounds us when we are at Traverse Bay RV Park, youre never far from the comforts and delights of Traverse City and its surroundings. This 55 and older RV resort gives guests more than enough options for recreation with activities like golfing . 353045) is important for Michigan condominium associations and co-owners as it confirms that third parties, including developers or successor developers, must comply with the requirements of the Michigan Condominium Act if they charge a fee for recreational facilities that are located outside of the condominium. Mr. Hirzel is a fellow in the College of Community Association Lawyers, a prestigious designation given to less than 175 attorneys in the country. Traverse Bay RV Resort is an adult-oriented RV park located in the heart of Northern Michigan. Whether you're looking for a quick getaway or a permanent home, we offer what you want in just 2 miles from beautiful Grand Traverse Bay! Individual RV sites are available for purchase or can be rented on a daily, weekly or monthly basis. Its professional, hospitable, and enthusiastic staff are always willing to support you. 4122 West South Airport Road, Traverse City, MI 49684. Hirzel Law has offices in Farmington, Grand Rapids, and Traverse City, Michigan with a fourth office location in Chicago, Illinois. (231) 938-5800 :office@traversebayrv.com, Mailing Address: P.O. 217 50 Amps Rates: $65.00 - $75.00 Open: May 1 to Oct 31 Facilities Hot showers Laundry Wi-Fi Propane Nearby He may be reached at (248) 480-8758 or kevin@hirzellaw.com. persons from a tiny house project were using the facilities, and Scheppe did not disagree with that factual assertion, but instead argued that the tiny-house inhabitants should not be considered third parties because their homes were intended to be included in the condominium development but, because of a lawsuit, the homes had to be included in a separate development. Local tour companiespicking up cruise tourists at the port also collect the port fees. We appreciate that the management sets high standards that result in a safe, clean, enjoyable atmosphere. (2) A developer who offers or sells a condominium unit in violation of section 21 or 84a is liable to the person purchasing the condominium unit for damages. Executive Order 2020-175: Governor Whitmer Enters New Execut Hirzel Law Wins Zoom Bench Trial! The bathrooms are super comfortable with a big bathtub and outdoor showers. Box 525, Acme, MI 49610. I cannot argue the quiet and pretty setting - very tranquil. Accordingly, given that the condominium bylaws contemplated use of the recreational facilities by third parties, the court of appeals ruled that Scheppes argument was without merit. An excellent park, with all of the amenities you would expect from a premium price park and a few more. The best time to visit Mui Ne beach is from December to May when the climate is most comfortable, hot and dry. Wifi was out during our stay, Just wanted to thank this guest for their nice review but do need to clarify some of the issues commented on. Children are welcome and there are many things for them to do in the Traverse City area but you will never find a playground here. Lot includes paver patio, professional landscaping, sprinkler system and lighting. Property is very pristine and pretty otherwise. These rooms feature a TV with plasma screen, large bathroom, clothes rack, To make your trip more memorable, Shades offers other recreational facilities, including an impressive outdoor pool and a golf course (within 3 km). Welcome to the Official Website of the Traverse Bay RV Park Condominium Association. 4050 Hammond Rd E, Traverse City, MI 49686. In rejecting this argument, the court of appeals held as follows: .as stated in Conlin v Upton, 313 Mich App 243, 255; 881 NW2d 511 (2015), [w]hen validly promulgated, an entitys bylaws or similar governing instrument will constitute a binding contractual agreement between the entity and its members. Given the rule violations, the fee provision was not validly promulgated. In addition, the court justified its award of damages by referring to the administrative-rule violations. Traverse City Plumbing. 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Location in Chicago, Illinois at port Phu My Zoom Bench Trial the situation, Viet Nam the other (.