Michigan House Bill 5598: Cracking Down on Fraudulent Real Estate Documents

Michigan House Bill 5598, signed into law recently as Public Act 154 of 2024, aims to strengthen the penalties for those who knowingly submit fraudulent documents related to real estate transactions. The bill amends a prior Act designed to punish individuals who file false or fraudulent conveyances of real estate with the intent to deceive. Prior to this amendment, the law primarily focused on the act of recording fraudulent documents, […]

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Michigan Supreme Court Rules: Co-Owner May Maintain Lawsuit against Association for Injuries Sustained on Common Elements

In a divided opinion, the Michigan Supreme Court recently ruled that a condominium co-owner who was injured while on common elements of a complex can maintain a premises liability action against a condominium association. In the case of Janini v. London Townhouses Condominium Association (Docket No. 164158; decided July 11 2024). The court held: “A co-owner of a condominium unit in a condominium project is an invitee when that person […]

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Michigan’s New Renewable Energy Siting Law and its Implications on Municipalities

Governor Gretchen Whitmer previously signed House Bill 5120 (now Public Act 233 of 2023) into law in November 2023. The regulations, which specifically affect municipalities and developers, create a new siting path for utility-scale wind, solar, and energy storage facilities with the Michigan Public Service Commission (“MPSC”) and become effective on November 29, 2024. Once effective, it is critical that clean energy developers and municipalities become familiar with this new […]

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CMDA Participates in UCOM 50th Anniversary Conference

Attorneys John Gwyn and Joel Ashton, along with Paralegal Bryan Harkins, are at the United Condominium Owners of Michigan (UCOM) 50th Anniversary Conference today at the San Marino Club in Troy, MI. If you are attending the Conference, please stop by CMDA’s booth. We look forward to sharing information on the legal services the Firm’s Community Association and Real Estate Law practice group provides.

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CMDA Attorneys Participate in Annual CAI Conference and Expo

Attorneys John Gwyn and Gary Klein 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 15.  If you are attending the Conference, please plan on stopping by CMDA’s booth (#201). We look forward to sharing information on the various legal services our Firm’s Community Association and Real Estate Law practice group provides.

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The Legal Implications of the State of Michigan Adopting the Uniform Partition of Heirs of Property Act

An important issue currently facing many Michiganians who inherit real estate is how they will be able to preserve their wealth moving forward. In many situations where families do not plan appropriately, there are no due process protections in place for heirs of property owners, and they remain vulnerable to court-ordered partitions. This can occur when an interested party, outside of a family relationship, has a fractional interest in the […]

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John Gwyn’s Article on Aging in Place Featured in OCBA Laches

The latest issue of the Oakland County Bar Association’s Laches publication highlights an article on “Michigan Community Associations Should Begin Preparing Now to Accommodate Senior Residents Aging in Place” written by John D. Gwyn. With the last of the baby boomers turning 60 in 2024, community associations should begin preparing now to deal with residents aging in place. The article offers tips and suggestions on how to best assist the […]

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Impact Michigan House Bill 5028 May Have on Community Associations in Determining the Best Policies for their Residents

A critical issue that could impact the autonomy of community associations in Michigan regarding green energy and energy efficiency policies is pending in the Michigan Legislature. House Bill 5028 may affect Condominium and Homeowner Associations (HOA) associations regarding their governance as to green energy and energy efficiency policies that affect residents.  Specifically, communities must determine the most effective ways to implement eco-friendly initiatives while also preserving the democratic rights of […]

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Are Sellers Required to Disclose 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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Attorneys Participate in CAI Annual Conference and Expo

Attorneys John Gwyn and Joel Ashton 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 3.  If you are attending the Conference, please plan on stopping by CMDA’s booth (#201).  We look forward to sharing information on the various legal services our Firm’s Community Association and Real Estate Law practice group provides.

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