First, based on the above statutory language, Scheppe argued that MCL 559.234 only applied if the condominium association was required to pay the usage fees and since Scheppe directly billed the individual co-owners, that it was exempt from complying with the Michigan Condominium Act. Here, you can enjoy multiple activities like going sailing, swimming, participating in water sports, and enjoying vibrant nightlife. Specifically, MCL 559.234 states that, Recreational facilities and other amenities, whether on condominium property or on adjacent property with respect to which the condominium has an obligation of support, shall comply with requirements prescribed by the administrator, to assure equitable treatment of all users. Mich Admin Code, R 559.111(b) further provides that: Pursuant to [MCL 559.234], a recreational facility which is to be enjoyed by condominium co-owners and third parties shall, at a minimum, comply with the following provisions: (b) When recreational facilities are owned by a third party and condominium co-owners are obligated to help financially support the recreational facilities, all of the following conditions shall be met: (i) Disclosure shall be made to prospective purchasers of their financial obligations and responsibilities as co-owners to support the recreational facilities. CCL-Carnival opens bookings for repositioning cruises Long Beach-Tokyo/Sydney-Singapore, Pandaw restarts Mekong River cruises between Vietnam and Cambodia, RCI-Royal Caribbean unveils line-up of holidays onboard Spectrum of the Seas for 2023-2024, Viking Cruises' newest riverboat Viking Saigon begins inaugural season in Southeast Asia, Viking unveils two Parallel World Cruises 2023-2024, Emerald Cruises launches 2022 Southeast Asia river cruise collection, Lindblad Expeditions announces new extraordinary adventures, Viking Cruises announces 2022-2023 World Voyage aboard Viking Neptune, Scenic Cruises introduces 2021-2022 Southeast Asia offerings, Emerald Waterways offers savings for 2021-2022 Mekong River cruise season, Australia - New Zealand - Pacific Ocean Islands. I cannot argue the quiet and pretty setting - very tranquil. He may be reached at (248) 478-1800 or kevin@hirzellaw.com. This review is the subjective opinion of a Tripadvisor member and not of Tripadvisor LLC. Their GPS coordinates are - Port Saigon (Latitude 10.492100, Longitude 106.451440) and Port Hiep Phuoc (1038N / 10645E). (1) A person or association of co-owners adversely affected by a violation of or failure to comply with this act, rules promulgated under this act, or any provision of an agreement or a master deed may bring an action for relief in a court of competent jurisdiction. The facilities were exceptionally well maintained; from the clubhouse and pool area to the beautiful landscaping throughout the resort. Sites are nearby. more. Cruise ships dock at port's containership terminal. Following the garden surrounding the rooms, you will find the way to the fine sand beach. 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. Location: 44 Tinh Lo 44A, Long Hai, Ba Ria, Vung Tau, Viet Nam. On September 28, 2015, Scheppe and the Traverse Bay RV Park Condominium Association recorded a Statement of Clarification to the First Amendment and Restatement to the Third Amendment to the Master Deed (the Clarification). Exchange library, organized activities for the regulars, great fitness center, library, and lounge areas. There are also kite surfing schools where you can learn to launch the kites by local beach boys. Tourist riverboats dock in downtown Saigon. more. Staying at this venue, you can easily access to White Rabbit Park and Back Beach. Claim your listing for free to respond to reviews, update your profile and much more. 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. There are a good number of "spies" that watch you, your parking, your garbage, and your pets and report all of this to the main office. 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. Look for a link at the bottom of this page or in our privacy policy where you can withdraw consent. Phu My is a large cargo port without tourist attractions in its vicinity. Book Now External Link; Peaceful average campground on a nasty dirt road. Sites are individually owned and most the owners are super nice unlike other parks we have been to. Not close, not spacious. The best way to get to Ho Chi Minh City is via the cruise ship company or private travel arrangements. Few camping experiences are more exhilarating than sleeping under the stars. Phu My (pronunced "Foo Me") is Saigon's cargo port where cruise liners dock at its container terminal. There is a wide range of selections for breakfast so these restaurants are surely a perfect place to start your lazy day. Adjacent to Grand Traverse Bay golf resort with three championship courses. 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. While the list of amenities is too long to cover completely, some of the highlights include an outdoor heated pool and spa, complimentary cable TV, a state of the art fitness . Overall. A disclosure statement shall not be used unless it meets the requirements set forth in the act and these rules. The system consists of 100 rooms designed in contemporary architectural style. 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. Traverse Bay RV Resort is an adult-oriented RV park located in the heart of Northern Michigan. Mr. Hirzel has been named a Leading Lawyer in Condominium & HOA law by Leading Lawyers Magazine from 2018-2020, an award given to less than 5% of the attorneys in Michigan each year. 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. al., unpublished opinion of the Court of Appeals, issued April 22, 2021 (Docket No. 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. Scheppe owns property adjacent to the condominium that contained various recreational facilities. We have consistently held a Good Sam 10/10*/10 rating since 2007 which is the highest rating in the country. Facility 10: Restrooms 10: Appeal 10: VIEW WEBSITE External Link LEARN MORE about this facility. Yes, we do have a Park manager that will make sure all posted rules and regulations are followed. Also inside the city are located Dam Sen Park, Suoi Tien Amusement Park and Can Gio's Eco Beach Resort. 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. Kind of a pain. The port's schedule lists all ships (in links) with cruises going to or leaving from Saigon, Ho Chi Minh City, Vietnam. 23rd Floor, TASCO Building, Pham Hung road, Me Tri, Tu Liem, Hanoi. In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. Looks gorgeous, but they wouldn't let us stay there with our beautiful new Grand Design TT. Plenty of room between sites and beautiful trees and forest. Traverse Bay RV Resort is an adult-oriented RV park located in the heart of Northern Michigan. Kevin Hirzel is the Managing Member of Hirzel Law, PLC. 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. Each section has its own bath house and gym. 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. Shopping and eating is also quite convenient here as the venue is near Long Hai market and Phuoc Hai seafood market. (248) 397-6596 Ocean-going ships to Saigon dock at Port Phu My (aka Tan Cang Cai Mep/locode VNPHU) while Port Saigon has locode VNSGN. 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 There are 39 rooms equipped with a safe, a mini-fridge and high-speed internet. Both times it was super clean. This is an amazing RV resort. The management was super friendly. 150 acres of rolling hills, scenic woods and shimmering ponds. We got 2 bars on ATT and T-mobile last year. Here, you will enjoy the high quality facilities and professional services in one of its well-appointed guest rooms. 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. Anxious for our friends to join us next week. The metro area consists of Ho Chi Minh City metro plus all surrounding towns. We have stayed there twice. In the above case, the Traverse Bay RV Park Condominium, a recreational RV condominium located in Acme Township, Michigan and was established on August 31, 2001 by the recording of its Master Deed and Condominium Bylaws. 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). Join the lifestyle at Traverse Bay! Thoughtful and service-minded staff will welcome and guide you at the resort. (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. Not too far from Marina Bay Vung Tau Resort & Spa, its Hai Duong Intourco Resort. We chose to wait and have the trees logged out in the hardwood forest after the Resort closes for the season so that guests would not be bothered with chainsaws and logging trucks. I accidentally thanked sandmeister 11. Compared to other resorts in the area, Anoasis rooms price is more reasonable and money-saving. (c) A time limit based on size and nature of the project, of not more than 6 years after the initial recording of the master deed upon which the election to expand the condominium project expires. The Traverse Bay RV Resort is pet-friendly, but they ask . Some of the most notable resorts worth considering are La Maison De Campagne Resort, An Lam Retreats and Thao Dien Village, where prices vary from $100-$300. Dog park. We have stayed twice at this park with no problems. Third, Scheppe argued that only the condominium association was required to comply with Mich Admin R 559.111 and that a developer or successor developer has no obligation to comply with Mich Admin R 559.111. On July 2, 1976, Saigon merged with the surrounding Gia Dinh Province and was renamed after revolutionary leader Ho Chi Minh (1890-1969). Great dog park to let them run and play off leash. The 2012 agreement also purported to prohibit the co-owners from inspecting the books and records related to the recreational facilities. I was there in mid September. From Ba Ria, passengers can access Vung Tau (beach resort city). Located just 50 km from the seacoast and adjacent to many beautiful beaches, you will have a chance to immerse in the natural beauty and relax. Your review stated that there were "spies" watching you and reporting you to the office. 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. 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. Pluses: proximity to northern MI attractions; comfortable, pleasant park; super clean, full baths (feel like home); attractive common areas - clubhouses, laundry, pool, pet area. We got 2 bars on ATT and T-mobile last year. We have numerous pets and just because someone puts their senior or cats pets in strollers doesn't mean that pets are not allowed to walk and enjoy the Resort. 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? Mr. Hirzel is a fellow in the College of Community Association Lawyers, a prestigious designation given to less than 175 attorneys in the country. 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. Here, you have a chance to enjoy mouthwatering dishes of Asian, European as well as traditional Vietnamese style. Very well thought out down to the smallest detail. Good info for local activities at the main office. Executive Order 2020-175: Governor Whitmer Enters New Execut Hirzel Law Wins Zoom Bench Trial! 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). The name Saigon is widely used by locals and refers to city's downtown (District 1) which is the homeport for river cruise ships. Eco-friendly Minimalist. 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. Traverse Bay offers beautiful scenery, world class amenities and oversized luxury RV sites. (6) The developer promptly shall amend a document required under this section to reflect any material change or to correct any omission in the document. We are very excited about the upgrade and feel that our guests will be pleased with the improvement. This resort has welcomed a lot of local and international guests. 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. Specifically, the Court stated that. 2016-031750-CH. 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. 2023 Traverse Bay RV Resort He represents community associations, condominium associations, cooperatives, homeowners associations, property owners and property managers throughout Michigan. This upscale RV resort can be your temporary or permanent up north retreat. and a mile from Great Lakes Equestrian Center. 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. Tripadvisor performs checks on reviews. Significantly, the condominium bylaws state, in part: Recreational areas and facilities, including, but not limited to, open space areas, bath and laundry facilities, a swimming pool and hot tub, a tennis court, a shuffleboard court, and a horseshoe pit have been planned for areas which are currently owned by the Developer and adjacent to the project. There are more places to choose from in the, See all Specialty Lodging in Williamsburg, 5555 M 72 E (Traverse City), Williamsburg, MI 49690-9764, #1 of 5 Specialty lodging in Williamsburg. The premium brand Viking Ocean Cruises announced a new Viking World Cruise 2022-2023. (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. This response is the subjective opinion of the management representative and not of Tripadvisor LLC. Box 525, Acme, MI 49610 Located about 10 miles east of downtown, this is one of the more unique Traverse City campgrounds. Pool. Their GPS coordinates are - Port Saigon (Latitude 10.492100, Longitude 106.451440) and Port Hiep Phuoc (1038N / 10645E). Ho Chi Minh City is a wonderful destination that most tourists choose as the first start for their trip in Vietnam. Tennis Has Met Its Match: Play Pickleball at These 45 RV Campgrounds, 18 Campgrounds Where You Can Stay Cool This Summer. Traverse Bay RV Resort Lot Traverse Bay RV Resort Lot Price: $97,500. Can't wait till next year! Its time to go to some peaceful beaches to vacate the city. Timber Ridge RV & Recreation Resort. It is well known as one of the most visited destinations in Vietnam. Traverse City Plumbing. Picnic table and fire ring. Thank you for your nice review. (iv) The necessary easements shall be established. 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. The success of our Owners Association is the result of wonderful and caring Co-Owners. Hirzel Law was also voted the best law firm in Metro Detroit in the Detroit Free Press Best of the Best awards. 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. House Type(s): RV. We only had one bar on both carriers and it was a little spotty. The permit to pick travelers up at the port is compulsory to the company in case tourists want to be legal and safe. This is a lovely resort with, for the most part, first class amenities. Individual RV sites are available for purchase or can be rented on a daily, weekly or monthly basis. I especially enjoyed the included bicycles you could sign out for at no extra fee. Fourth, Scheppe argued that its violation of Mich Admin Code R 559.111 could not void the condominium bylaws, which constituted a contract between the developer and the Trust. Own or manage this property? All cruisetour itineraries between Siem Reap and Saigon pass through Phnom Pehn (Cambodia's capital city) and cross through Tonle Sap Lake. Physical Address: 5555 M-72 East, Williamsburg, MI 49690 The deepwater terminals CMIT (Cai Mep International Terminal, by APM Terminals) was opened in 2006. The trial court awarded $23,801.02 in discovery sanctions against Scheppe and Scheppe appealed the trial courts final order. There are a total of 70 spacious rooms equipped with private bathrooms, comfortable beds, free internet access and offering beach views. Kevin Hirzel is the Managing Member of Hirzel Law, PLC. All the staff and guests/owners were very friendly. We promise not to share or sell your email, 5555 M-72 East (M stands for Michigan State Rd) Williamsburg, Michigan 49690. 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 + - Menu Home; Co-Owners Login; Co-Owners Services. 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. However, you may get tired after a few days smacking in this one of the most hectic scenes in the world. 2023 Traverse Bay RV Resort 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. More than one laundry. 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. Generally, Lan Rung Phuoc Hai Resort & Spa is a perfect stop for those who are looking for a peaceful seaside resort, not too crowded and noisy. He is also the author of Hirzels Handbook: How to operate a Michigan Condo or HOA, which is available for purchase on amazon.com. Location: 98A Nguyen Dinh Chieu street, Ham Tien ward, Phan Thiet district, Binh Thuan province. 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. 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 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. An amazing thing is that there are plenty of activities and nearby tourist attractions, including the Statue of Gautama Buddha, Vung Tau Lighthouse, Coc Lake, Ho May Eco-Tourism Park, and Long Hai Beach. 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. 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. 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. Located in Binh Thuan province, Mui Ne beach is within a 4 hour distance from Ho Chi Minh city. Our HOA website has a dedicated domain and provides an online portal for co-owners. Port Saigon handles annually ~65% of the region's steel, ~93% of the fertilizers. Port Saigon-Hiep Phuoc (in HCMC's Nha Be district) has quay length ~1,8 km, land area 100+ hectares (berths and warehouse storages) and can handle cargo vessels with max DWT 70,000 tons, This is HCMC's largest cargo port with annual capacity 20 million tons. All sites were perfectly clean with utilities well matched for the location. 150 acres of rolling hills, scenic woods and shimmering ponds. Marina Bay Vung Tau Resort & Spa is located in Vung Tau city which is about 100 km from Saigon. Dog Park to let them run and play off leash provision was not validly promulgated pleased the! Which is about 100 km from Saigon Me '' ) is Saigon 's cargo Port tourist! To go to some Peaceful beaches to vacate the city are located Dam Sen Park, Suoi Amusement... 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