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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HBO Piece Integral in CMDA Winning Ex-Lion’s Concussion Claim

Ken Callicutt was a great college running back, Clemson’s MVP in 1976 and 1977, and MVP of The Senior Bowl in 1977. Unfortunately though, after being drafted by Detroit, Callicutt found himself behind a stable of highly-drafted, superbly-skilled running backs like Lawrence Gaines, Dexter Bussey, Horace King and Billy Sims. Callicutt and Rick Kane–talented backs in the own right–were forced to find other ways to contribute, and contribute Callicutt did […]

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Jim Acho Updates NFL Retirees on Concussion Litigation

Jim Acho, a partner in our Livonia office and the attorney who heads-up the NFL concussion litigation at CMDA, appeared at the Annual NFL Alumni dinner on July 16, 2018 at Tam O’ Shanter Country Club. He provided NFL retirees with an update on the concussion litigation. CMDA is pleased to have successfully recovered millions of dollars for former NFL players thus far and hope to continue to do so in […]

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Federal and State Courts Dismiss Lawsuits Against Community College

Recently, two separate courts agreed with CMDA that the lawsuits two former community college instructors filed against the college should be dismissed. The underlying facts showed that two full-time instructors were involved in a series of conflict resolution sessions where both parties were advised to be civil and follow the rules of the college. The evidence also showed that when one of the full-time instructors was going up for tenure, […]

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