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” […]

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 […]

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 […]

To help prevent the spread of the Coronavirus we have all had to substantially alter the way we work and live and social distancing has become the new normal – at least for now.  As a result, it is more important than ever for Community Associations to maintain solid and steady communication between Board members and their residents. Many Condominium Associations and HOA’s are required to hold their annual meetings […]

The state of emergency caused by the Coronavirus pandemic has been of great concern to everyone these days. Business and governments have scrambled to establish protocol and implement guidelines and regulations to contain the spread of the virus. There is currently a plethora of information available to the public in the form of legal declarations and recommendations for health and safety purposes. However, there appears to be no clear directive […]

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 […]

Attorneys from the Firm’s Community Association and Real Estate Law practice group are at the Community Associations Institute (CAI) Annual Conference and Expo today, Friday, March 6.  If you are attending the Conference, please plan on stopping by CMDA’s booth (#807).  We look forward to sharing information on the various legal services our Firm’s Community Association and Real Estate Law practice group provides.

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 […]

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 […]