Recent Michigan Court of Appeals Decision Holds in Favor of Condominium Association’s Amendment of its Bylaws to Preclude Short-Term Rentals

In the case of Highfield Beach at Lake Michigan v. Sanderson, the Michigan Court of Appeals recently ruled on the issue of enforceability of a condominium Bylaw which affected short-term rentals of units. The ruling effectively negated the plan of a new unit owner to use his condominium for rental to vacationers. As a result, the Association was successful in its efforts to limit the types of rentals allowed, similar […]

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Dealing with Vexatious Litigants in Community Association Matters

Vexatious litigants bother, embarrass and/or cause legal expenses to the defendant and can be a costly problem in today’s legal system. Vexatious litigation is becoming more common in the realm of community associations and quite often these litigants represent themselves when they file lawsuits against their own association or contest decisions made by the Board of Directors. The result is that sometimes frivolous and expensive litigation occurs that must then […]

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Are Sellers Required to Disclose the Existence of Delinquent HOA Dues?

In Michigan the law is clear as to the duties of condominium associations to provide written statements to purchasers of units located in the condominium regarding unpaid assessments, interest, late charges, fines, costs and attorney fees. However, when it comes to homeowners that own lots in subdivisions governed by a Homeowners’ Association (HOA), the law is not as clear-cut. Therefore, prospective purchasers should be aware of any outstanding items that […]

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Summary Disposition Granted in Homeowners Case

Attorneys Joel Ashton and Stanley Okoli recently had a homeowners case dismissed on summary disposition pursuant to MCR 2.116(C)(8) and (10). This case involved a residential property subrogation claim in which a leak from a water supply line for a toilet resulted in approximately $290,000 in damages. Pre-suit investigation supported that the subject water supply line, as well as other toilets in the home, showed evidence of having been improperly […]

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State Court dismisses Lawsuit against HOA in Real Property Dispute involving the State of Michigan

Recently, a Circuit Court Judge in Michigan agreed with CMDA that claims made in a lawsuit filed by a group of subdivision homeowners against a neighboring homeowner’s association (HOA) in a pending real property civil action should be dismissed. The underlying facts showed that a collective of Plaintiff homeowners that reside in a subdivision that borders a lake maintained for many years a private road that courses along a canal […]

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Summary Disposition Granted on Serious Impairment in Trucking Case

Attorneys Joel Ashton and Stanley Okoli recently had a third party automobile negligence action dismissed on summary disposition pursuant to MCR 2.116(C)(10) based on the finding that the plaintiff’s alleged impairment had not affected her general ability to lead her normal life. The subject accident involved a significant sideswipe accident by the defendant semi-truck.  The Motion was filed after the conclusion of discovery.  Prior to the filing of the Motion, […]

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Jim Acho wins Pro Football Hall of Famer Pat Summerall’s Concussion Claim

CMDA Partner Jim Acho represented legendary football player and broadcaster Pat Summerall for a number of years prior to Mr. Summerall’s passing. Mr. Summerall had intended on filing a concussion claim before passing and his widow Cheri had Jim Acho file the concussion claim in accordance with Pat’s wishes. We are pleased to report a year after the claim was filed, Jim prevailed on behalf of the Summeralls, and the […]

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Clark Named one of America’s Top 100 Civil Defense Litigators

We are pleased to announce that Jeffrey R. Clark, a partner in our Livonia office, has been named one of America’s Top 100 Civil Defense Litigators® in Michigan for 2019. Selection to America’s Top 100 Civil Defense Litigators® is by invitation only and is reserved to identify the most exceptional Civil Defense Litigators throughout the nation. Candidates are selected based on a broad array of criteria, including professional experience, litigation […]

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Three Attorneys Join Firm

We are very pleased to announce that three attorneys have recently joined our Firm. David Kowalski is an attorney in our Clinton Township office where he focuses his practice on insurance defense, municipal law, appeals and litigation, and research. He has extensive litigation and appellate experience and has received favorable outcomes for clients before the Michigan Supreme Court and the Michigan Court of Appeals. He authors briefs for submission to […]

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Court Grants Motion to Dismiss in Civil Rights Case

In this case, Plaintiffs filed a civil rights case seeking damages for the deaths of their sons who were fatally shot during an event at the Defendant membership club where minors allegedly purchased and/or were allowed to consume alcohol. CMDA defended the municipality, Director of Public Safety, and Clerk. Allan Vander Laan, a partner in our Grand Rapids office, and Jennifer Richards, an attorney in our Livonia office, handled the […]

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