Navigating Community Association Construction Agreements with Contractors for Renovation and Remodeling Projects

Construction agreements can often be some of the most costly expenses that condominium associations and homeowner associations (HOAs) will ever review and consider for approval regarding their common element projects. However, many associations neglect to retain legal counsel who has the expertise needed to draft and implement the most effective terms and agreements. Instead, Boards of Directors focus mostly on securing competitive bids, as most associations are required to do […]

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Avoid Risky Policies when Collecting Assessments from Delinquent Condominium and HOA Homeowners

Question: Can the Board of a Condominium Association or HOA post a list of delinquent members on the Association’s website to shame them into paying? In a word, NO. Associations who post a list of delinquent members by name may face a defamation/slander lawsuit or violate other privacy protections by doing so if the information is incorrect. (Some Board’s and management companies may also be slow to update the list […]

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Appropriate Steps to take when Collecting Assessments from Delinquent Condominium and HOA Homeowners

If you are a Board Member of a condominium or homeowners’ association, you may encounter residents who do not pay their monthly or annual assessments on time. Although an association’s governing documents, along with Michigan law, outline the procedure for collecting assessments, they do not always include the timing or strategies involved. A collection policy is the foundation of a successful assessment collection program in order to maintain necessary cash […]

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Firm Law Clerk Jonathan Wylie Sworn into the Michigan Bar

Congratulations to Jonathan D. Wylie who was sworn in as an attorney on November 9, 2020 during a virtual ceremony in Honorable Carla Testani’s courtroom in Wayne County Circuit Court. The swearing-in ceremony is a significant event in the life of a lawyer and signifies the day when years of hard work reach fruition. Mr. Wylie joined CMDA as a law clerk in December 2019. He is highly intelligent and […]

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Requirement of Michigan Public Bodies to Hold Public Meetings In-Person Under the OMA Suspended

Access to state and local government meetings has been a hallmark of American democracy for most of our country’s history. All states have enacted open meetings laws that generally require municipalities and local agencies to provide advance notice to the public of meetings held by commissions, boards, tribunals, and councils. This includes a broad spectrum of entities, such as unemployment commissions, tax tribunals, and school boards. These statutes permit any […]

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CMDA & Dignity Memorial Present Free Online Estate Planning/Elder Law Seminar Series

CMDA has teamed up with Dignity Memorial to present a practical and informative collection of free online seminars. CMDA Estate Planning and Elder Law Attorney Norman E. Richards will be presenting on behalf of CMDA. You will learn about the essential legal documents and strategies you should have in place for smoothing life’s transitions. Also, find out how to protect your loved ones by planning your life celebration in advance. […]

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Are Short-Term Rental Occupants Considered to be Tenants or Guests under Michigan Law?

As vacation rental marketplace websites, such as Airbnb and Vrbo, continue to gain popularity, landlords, homeowners, tenants, and municipalities must grapple with various legal issues involving Short-Term Rentals (STR) of residential property. Accordingly, Michigan Courts have had to interpret the legal status and rights of STR occupants under the Summary Proceedings Act (MCL 600.5701 et. seq.) Indeed, some property owners build clauses into their leases that more clearly define the […]

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CMDA Mourns Loss of Legendary Client

Gale Sayers, one of the most iconic players in NFL history, died today, September 23, 2020, at age 77 after a long battle with Alzheimer’s. Gale’s concussion lawsuit against the NFL was successfully handled by Jim Acho, who represented Gale for the better part of a decade. Upon resolution of the case, Gale and Ardie Sayers presented Jim with a signed jersey. Jim has remained close to Ardie and the […]

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Force Majeure Clauses in Commercial Leases in the Age of the Covid-19 Pandemic

The Coronavirus Pandemic has unfavorably affected many Michigan businesses over the past several months. The loss of revenue associated with shuttering a business during this ongoing global epidemic is placing a strain on some commercial tenants’ ability to meet payment obligations under the terms of existing commercial leases. As a result, force majeure clauses contained in commercial lease contracts have increasingly come into play these days. The term “force majeure” […]

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Insurance Defense Attorney Joins Firm

Please join us in welcoming Agenique N. Smiley to the Firm. She has joined CMDA as an attorney in the Firm’s Livonia office where she focuses her practice on insurance defense matters, including directors and officers, errors and omissions, and legal malpractice. She concentrates on defending Michigan No-Fault, Personal Injury Protection (PIP), and Bodily Injury (BI) claims for multiple auto accident carriers. Ms. Smiley has a demonstrated proficiency in conducting […]

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