Michigan Supreme Court Denies Plaintiff’s Application for Leave in Favor of Condominium Association

Joel Ashton and Stanley Okoli recently had dismissals upheld on two related Condominium Association cases in the Michigan Court of Appeals and Michigan Supreme Court. To say the least, these were contentious cases in which a co-owner experienced a sewer back-up in her basement in October 2016, with the alleged subsequent discovery of rod hole leaks in the foundation, for which she initially sued the Condominium Association, its insurer, the […]

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Co-Owner’s Complaint of Neighbor’s Smoking in a Condominium Rejected by the Federal Courts

The Federal Appeals panel affirmed an opinion by the U.S. District Court for the Eastern District of Michigan over the granting of Summary Judgment in a condominium case that has broad ramifications. The Plaintiff claimed her Defendant next door neighbor was aggravating her preexisting asthma condition due to the frequent smell of smoke emanating from their unit. This action turned into what is regarded as a landmark case. It relates […]

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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 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 attorneys enjoyed interacting with […]

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John Gwyn’s HOA Case Featured at CAI Annual Law Seminar

John Gwyn, an attorney in our Livonia office, recently attended the Community Associations Institute (CAI) 2022 Annual Law Seminar in California. While at the seminar, and unbeknownst to him, the national presenters chose to feature one of Mr. Gwyn’s cases as an example of the complicated interplay between tort, easement, and contract law. The case involves a Circuit Court Judge in Macomb County agreeing with CMDA that claims made in […]

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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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