John Gwyn Selected as a “Go To Lawyer” in Real Estate and Condominium Law

CMDA is proud to announce that John D. Gwyn has been recognized as a “Go To Lawyer” for Real Estate and Condominium Law by Michigan Lawyers Weekly. The publication recently launched a “Go To Lawyers” program that identifies and recognizes the top 20 lawyers across the state in a given practice area, and we are thrilled that Mr. Gwyn was selected as a top lawyer in real estate and condominium […]

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John Gwyn and Joel Ashton Participate in CAI Great Exhibitor Outdoor Fair

Attorneys John Gwyn and Joel Ashton from the Firm’s Community Association and Real Estate Law practice group participated in the Community Associations Institute’s (CAI) Great Exhibitor Outdoor Fair on May 19, 2021 at Mill Race Park in Northville, Michigan.  John Gwyn was a speaker at the event’s Q&A Education Panel of Experts where he offered his legal expertise on a variety of questions regarding Homeowners’ Associations and Condo Associations. Both […]

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Slip and Fall on Sidewalk in Housing Cooperative

In dismissing a slip and fall case that occurred in a common area, the Michigan Court of Appeals delved into the differences between a housing cooperative and a condominium. Jeffrey-Moise v. Williamsburg Towne Houses Cooperative, Inc., No. 351813, 2021 WL 650475 (Mich. Court of Appeals, approved for publication on April 1, 2021). In this case, the Plaintiff, a member and resident of the Defendant housing cooperative, cleared snow from her […]

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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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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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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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Collection of Accrued Interest Not Allowed in the Absence of a Written Contract Provision

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 […]

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Summary Disposition Granted in Condominium Association Case

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 […]

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