Executive Order 2020-175: Governor Whitmer Enters New Execut Hirzel Law Wins Zoom Bench Trial! I was there in mid September. Next Spring all will be back to normal and trails will be open. Saigon's river cruise port information was contributed by Mr Truong Hoang - operation manager of A&K Vietnam Travel Co Ltd (subsidiary of "Abercrombie & Kent" - US-based luxury travel agency). Owners David & Kathy Scheppe are planning to build 81 sites on the resort property dedicated to "tiny houses," compact residences averaging just 400 square feet. 849 Manor Ln, Traverse City, MI 49686. The court of appeals further noted that the condominium bylaws expressly required compliance with the Michigan Condominium Act and held that remedy provided by the trial court was appropriate under MCL 559.215. Thoughtful and service-minded staff will welcome and guide you at the resort. 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Homestead, Villa Park, and Summer Resort Associations Act, Michigan Parks, Playgrounds, Drives, and Boulevards Act, , unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. I accidentally thanked sandmeister 11. All rooms feature free newspapers and cafes, as well as available wifi. Welcome to the Official Website of the Traverse Bay RV Park Condominium Association. 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. Menu Home; Co-Owners Login; Co-Owners Services. The management was super friendly. Its beautiful, well maintained but you pay for it. Meals will be offered at the beachfront restaurant or the poolside bar. All the staff and guests/owners were very friendly. The resort is a perfect combination of Western modern architecture and the uniqueness of Vietnamese culture. Have you written a blog post about Traverse Bay RV Resort? Close to the main club house, heated . You can expect to pay higher prices than normal; however, the dishes are so delicious and surely deserve your money. On July 2, 1976, Saigon merged with the surrounding Gia Dinh Province and was renamed after revolutionary leader Ho Chi Minh (1890-1969). 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. 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Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Charles E. Phyle Restated Revocable Trust. (ii) The condominium co-owners shall have an equitable vote, as set forth in the disclosure statement, as to the operation and management of the recreational facilities. 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. The Developer has also reserved the right through its reserved expansion rights, to add any such areas and/or facilities to the project as general common elements reserving the use of such amenities for the benefit of rental RV lots adjacent to the project. Tourist riverboats dock in downtown Saigon. Easy access to all sites, although our pad (116) was on a curve that required our 45 motorhome to cut over the grass just a bit. (248) 397-6596 My wife actually put. 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. A disclosure statement shall not be used unless it meets the requirements set forth in the act and these rules. Forget about streaming movies. 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. Two weeks last year and 3 weeks this year. The tiny houses built by Wheelhaus of Jackson Hole, Wyo., will start at $129,000, said David Scheppe, operator and developer of Traverse Bay RV Resort. The fenced dog yard was a sludgy, muddy mess, and the entrance to it was about 6" deep with water. Its beautiful, well maintained but you pay for it. Each room is equipped with a large bathroom, a desk, a ward robe, and a safe deposit box. Adjacent to Grand Traverse Bay golf resort with three championship courses. Rooms are very spacious, and the raw wooden furnishings create a classy look and give you a bit of a warm and cozy feeling. Both times it was super clean. There are a total of 70 spacious rooms equipped with private bathrooms, comfortable beds, free internet access and offering beach views. (emphasis added). more. 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. Port's annual cargo shipping traffic is 10+ million tons, or ~50% of Vietnam's SKEZ (Southern Key Economic Zone) that includes HCMC (Ho Chi Minh City) plus 7 provinces (Binh Duong, Dong Nai, Long An, Ba Ria-Vung Tau, Binh Phuoc, Tay Ninh, Tien Giang). There are also kite surfing schools where you can learn to launch the kites by local beach boys. He has been a Michigan Super Lawyers Rising Star in Real Estate Law from 2013-2018, an award given to only 2.5% of the attorneys in Michigan each year. Individual RV sites are available for purchase or can be rented on a daily, weekly or monthly basis. An adult oriented (children welcome) RV Resort, with something for everyone. Look for a link at the bottom of this page or in our privacy policy where you can withdraw consent. There are 2 restaurants serving your meal, including one on the beach serving Asian food, and one in the village serving Vietnamese food. Please note that because of the HOA restrictions, we can only accommodate Class A, Class C and Fifth Wheels. From the moment we entered the park we felt unwelcomed. Rights to inspect the books and records of the recreational facilities that must be kept separate from other operations of the third-party owner. Second, Scheppe argued that it was exempt from complying with MCL 559.234 and Mich Admin R 559.111 because it was not a third party owner of the recreational facilities. Guests must clean up after their pets on an on-going basis throughout the park including the hiking trails. Court Holds That Extensive MCL 559.154: What is the Difference Between Arbitration and 37085 Grand River Ave, Ste 200 Farmington, MI 48335. 20 likes. Nothing of any significance was done to improve the situation. The decor also looks impressive, enough to take away your tiredness after long flights and traveling. The park has "owners" that live in the park for half the year, which includes patio furniture, lawnmowers, and sprinklers, which is nice: however, if you are not a "deeded owner" you are scoffed at from the minute you pull in. 5555 M-72 EastWilliamsburg, MI 49690(231) 938-5800Location: 44.77329, -85.46457. Contact us today to reserve your spot! Together weve created a truly special place in the heart of northern Michigan. (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. Pad is concrete. 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. It is peaceful yet close to many attractions if you prefer activity. Its professional, hospitable, and enthusiastic staff are always willing to support you. If you are looking for a 5 star resort, this is it. Join the lifestyle at Traverse Bay! In FY2018 (fiscal year) port's throughput was 9+ million tons, with revenue VND 1000 billion (Vietnamese dong / ~USD 43 million). 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 owners actually ride around in golf carts and have clipboards! Location: 44 Tinh Lo 44A, Long Hai, Ba Ria, Vung Tau, Viet Nam. All cruisetour itineraries between Siem Reap and Saigon pass through Phnom Pehn (Cambodia's capital city) and cross through Tonle Sap Lake. The 2012 agreement also purported to prohibit the co-owners from inspecting the books and records related to the recreational facilities. Our HOA website has a dedicated domain and provides an online portal for co-owners. Well, that's pretty much what's happening at Traverse Bay RV Resort. If you dont want to go to the crowded beaches in Vung Tau, you can choose to enjoy the resorts peaceful private beach. For more information on pet restrictions, please call (231) 938-5800. All I can say is we are coming back. The best time to visit Mui Ne beach is from December to May when the climate is most comfortable, hot and dry. Regarding your comments about the attire of other guests, we were not aware that the fashion police were visiting us. If you havent planned your itinerary, dont hesitate to ask the staff. Anxious for our friends to join us next week. 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. There are other places to walk the dog, though. Shopping, dining and beaches close by. Hirzel Law has offices in Farmington, Grand Rapids, and Traverse City, Michigan with a fourth office location in Chicago, Illinois. Pool. (b) A statement of any restrictions on the election in subdivision (a), including, without limitation, a statement as to whether the consent of any co-owners is required, and if so, a statement as to the method whereby the consent is ascertained; or a statement that the limitations do not exist. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. The court concluded that Scheppe had violated the provisions of Mich Admin Code, R 559.111(b). On July 2, 2009, Scheppe recorded a Second Amendment to Master Deed (the Second Amendment). We felt as though we were being watched often. 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 Mr. Hirzel has been recognized as a Leading Lawyer in Michigan by Leading Lawyers, a distinction earned by fewer than 5% of all lawyers licensed in Michigan. So, just take a look at the below list of top beach resorts near Ho Chi Minh city. Traverse Bay RV Resort, located just outside of Traverse City, Michigan, is one of the premier RV parks in Northwest Lower Michigan. 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. Hotels near Williamsburg Showcase Dinner Theater, Hotels near GT Butterfly House and Bug Zoo, Hotels near Acme Christian Thrift Store & Food Pantry, Hotels near Guntzviller's Spirit of the Woods Museum, Hotels near Northwestern Michigan College. You will have access to owners documents including Condominium Documents, forms that will be filled online and upon submission emailed to the appropriate party, a community calendar, online payment options, and communications channel to the Board and Operations Manager. Port Tan Thuan Port (HCMC's District 7) handles cargoes like steel, machinery equipment and container ships. al., Grand Traverse County Circuit Case No. 37085 Grand River Ave, Ste 200 Farmington, MI 48335 (231) 938-5800 :office@traversebayrv.com, Mailing Address: P.O. Sorry, the comment form is closed at this time. The Importance of Percentage of Value in a Michigan Condomin Did Your Condo Developer Pay Its Proportionate Share of Expe What Are the Mandatory Provisions in Condominium Bylaws? On June 7, 2007, Traverse Bay RV Park, Inc. assigned its rights as the Developer of the Condominium to Defendant, Scheppe Investments, Inc. (Scheppe). Scheppes contention that plaintiff could seek relief only against the association under MCL 559.215(1) is clearly without merit. See what's in stock and start building your own tiny house tomorrow. MCL 559.132 provides in pertinent part: If the condominium project is an expandable condominium project, the master deed shall contain the following: (a) The explicit reservation of an election on the part of the developer or its successors to expand the condominium project. What does it matter what the average age is of other guests? Hirzel Law has offices in Farmington, Grand Rapids, and Traverse City, Michigan with a fourth office location in Chicago, Illinois. Claim your listing for free to respond to reviews, update your profile and much more. Club house and laundry facilities were large and very well kept. Kevin Hirzel is the Managing Member of Hirzel Law, PLC and concentrates his practice on commercial litigation, community association law, condominium law, Fair Housing Act compliance, homeowners association and real estate law. Located in Binh Thuan province, Mui Ne beach is within a 4 hour distance from Ho Chi Minh city. Traverse Bay RV Resort. Oh they also love our dog too! Mui Ne is a tropical beach with wonderfully warm weather, which is ideal for various interesting watersports games. The strong sea breezes are so favorable for kites and wind surfing. Port Saigon is approx 2 km (1,2 mi) from downtown. 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. Timber Ridge RV & Recreation Resort. natural location is beautiful. 2016-031750-CH. Location: 98A Nguyen Dinh Chieu street, Ham Tien ward, Phan Thiet district, Binh Thuan province. In granting summary disposition, the Court held that the Developer and Condominium Associations attempts to reserve the right to expand the condominium outside of the six (6) year time period were illegal, unenforceable and void ab initio and that MCL 559.190 did not allow for the the six (6) year time period to be extended. A disclosure statement shall be amended before further use if there is a material change in the information contained therein. In rejecting this argument, the court of appeals stated as follows: But there is no reasonable basis for construing the statute in this manner. Instead of having all in one building the amenities are placed strategically throughout the Resort for guest convenience. Your review stated that there were "spies" watching you and reporting you to the office. It will bring you a truly luxurious experience with a wide range of amenities. The lady at the desk was very, very nice and informative. The nature trails did indeed have numerous fallen trees blocking the trails but the guest was probably not aware that in early August the Traverse City area was declared a disaster area due to a wind sheer storm that uprooted an estimated 10,000 across the bay area. Accordingly, as a result of the developers disclosure obligations, including those related to recreational facilities, the court of appeals affirmed the trial courts ruling that Scheppe was required to comply with Mich Admin Code, R 559.111. Here, you have a chance to enjoy mouthwatering dishes of Asian, European as well as traditional Vietnamese style. 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. 2023 Vietnam Discovery Travel. Regarding your comments about unflushed toilets, we are indeed sorry that we did not have a toilet flush patrol posted 24 hrs. The Traverse Bay RV Resort is pet-friendly, but they ask . Most tourist sites are in District 1, and a short distance from each other. Got a Good Sams discount so that saved $21. 150 acres of rolling hills, scenic woods and shimmering ponds. The Clarification purported to reflect the intention of the Restatement to renew the six (6) year period to expand the Condominium as set forth in Article X of the First Amendment. And even if the statute is interpreted as not providing the avenue of relief sought by plaintiff, then the reasoning of Johnson for disallowing a voiding of the contract would not apply because there would be no express private remedy for plaintiffs having had to pay the improperly assessed usage fees to Scheppe. This is a lovely resort with, for the most part, first class amenities. The bathrooms are super comfortable with a big bathtub and outdoor showers. Staying at this venue, you can easily access to White Rabbit Park and Back Beach. People are nice, scenery is spectacular and the surrounding Traverse City area is one of the most exciting in northern Michigan with tons of stuff to do and experience throughout the summer and early fall months. In other words, even if the facilities were not currently being offered to third parties, if such offers were contemplated, the rule would apply. (iii) An arbitration clause to settle disputes upon consent of the parties shall be included in the condominium legal documents. Regarding our Clubhouse, we actually have 3 clubhouses. Campendium is an Amazon associate site and earns from qualifying purchases. The plaintiff, the Charles E Phyle Restated Revocable Trust (the Trust) is a co-owner in the condominium and was charged an annual usage fee in connection with the recreational facilities on the adjoining property. Whether you are going on business or holiday, the resort will offer you a luxuriously fitted stay for ultimate comfort. Barking dogs must not be left unattended. Join the lifestyle at Traverse Bay! 2. The only real criticism we have, and it is a big one in our opinion, is the extremely poor internet service. Dogs are allowed at Traverse Bay RV Park, but they must be kept on a short leash while walking them and must stay on your individual lot unless being walked. Phone: (231) 938-5800 Fax: (231) 938-5806 (seasonal) Website: www.traversebayrv.com email: office@traversebayrv.com. 87 rooms are divided into 3 main types: Suite, Deluxe, and Superior. These beach resorts are definitely a highlight for your trip in Vietnam. He may be reached at (248) 480-8758 or kevin@hirzellaw.com. Be the first to add a video for Traverse Bay RV Resort! We have stayed twice at this park with no problems. (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. Traverse Bay RV Resort is a high end Motorcoach & RV Resort. Port Saigon is approx 2 km (1,2 mi) from downtown. Traverse City Plumbing. Exchange library, organized activities for the regulars, great fitness center, library, and lounge areas. Tennis courts. Pad is concrete. Yes, we do have a Park manager that will make sure all posted rules and regulations are followed. Both times it was super clean. Lan Rung Phuoc Hai Resort & Spa is located in Long Hai village of Ba Ria Vung Tau province, which is quite near Ho Chi Minh city. Another top quality resort at the beach of Mui Ne is Shades, comprising a small selection of Apartments and Studios to suit various needs. 10 x 10 shed. It is clear from its own language that the statute is concerned with the equitable treatment of all users. MCL 559.234. 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. Junction City - Schreiner Park Campground, Upper Teton View - Toppings Lake Dispersed Campsites 8-16, Oliver Lee Memorial State Park Campground, Video: Where to Camp in Quartzsite, Arizona. This year, we were challenged at every. He is a fellow in the College of Community Association Lawyers (CCAL), a prestigious designation given to less than 175 attorneys in the country. NORTHERN MICHIGAN'S PRIME RV RESORT Traverse Bay offers beautiful scenery & world-class amenities. Also known as micro, little or . Had a pull in site by a little pond. This year we stayed on north look which is the newer section. Below list of top beach resorts are definitely a highlight for your trip in Vietnam Bench Trial in! The bathrooms are super comfortable with a big one in our opinion, is the extremely poor internet.... And Fifth Wheels in addition, the fee provision was not validly.... Pehn ( Cambodia 's capital City ) and cross through Tonle Sap.. 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