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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The Importance of Using an Attorney Relevant to your Legal Matter

Attorneys are often hard-pressed to find someone willing to jump to their reputational defense. In fact, they can either be a blessing or a curse. Often we need attorneys to defend us in court, collect an unpaid debt, or draft an estate plan. An attorney not knowledgeable with a specific legal matter can cause confusion and leave clients feeling over-charged and disappointed. Developers and real estate buyers alike often retain […]

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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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