A common query posed to collection attorneys by their small business clients is whether, upon the default of a standard contract agreement, the client will receive the “benefit of the bargain” and be made whole as part of the collection process. Many business agreements have not been drafted in a comprehensive manner, nor with the aid of competent legal counsel. As a result, an often-raised question is whether accrued interest […]

Konschuh v. Turkelson, et al. (Lapeer County Circuit Court No. 17-050850-CL(H); Oakland County Circuit Court No. 17-SC0045-SC; Michigan Court of Appeals No. 349041) is a unique and highly-contentious case that involved a circuit court judge who filed suit against Lapeer County and several of its officials. Judge Byron Konschuh – who remains a sitting judge at the Lapeer County Circuit Court – was charged with embezzlement related charges for depositing […]

Joel Ashton, a partner in our Livonia office, recently had a case dismissed for a Condominium Association on summary disposition pursuant to MCR 2.116(C)(8) in the Oakland County Circuit Court. In this case, a disgruntled condominium owner represented himself in his quest to obtain a preliminary injunction to avoid the imminent March 2020 election of three directors to the Board of Directors or, alternatively, to set aside the results of […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]