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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The Use of Lady Bird Deeds to Convey Life Estate Interests in Land

One of the most common requests from clients to probate practitioners is when an individual, upon their passing, wishes to transfer ownership in real property outside of probate proceedings while preserving present control and use of the land.  The utilization of certain deeds as an estate-planning tool to accomplish that goal – affectionately known as “Lady Bird” deeds – is available only in a few states, including Michigan.  This type […]

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Michigan Governor Encouraging the Use of Electronic Signatures, Remote Notarization and Witnessing during the Covid-19 Pandemic

Governor Whitmer’s latest Executive Order in effect through May 6, 2020 allows any notarial act required under Michigan Law to be done using two-way video technology.  As a result, a financial institution, title insurer, or a register of deeds is prohibited from denying a copy of an electronic record if a notary certifies it under the terms of the Order. (The only exception will be if state law specifically requires […]

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Alternative Methods to Conducting Meetings and to Limit In-Person Interactions within your Community Association during the Covid-19 Outbreak

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 […]

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Health and Safety precautions for Community Associations during the Covid-19 Outbreak

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 […]

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Recent Michigan Court of Appeals Decision Holds in Favor of Condominium Association’s Amendment of its Bylaws to Preclude Short-Term Rentals

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 […]

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Attorneys Participate in CAI Conference and Expo

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.

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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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