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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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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Requirement of Michigan Public Bodies to Hold Public Meetings In-Person Under the OMA Suspended

Access to state and local government meetings has been a hallmark of American democracy for most of our country’s history. All states have enacted open meetings laws that generally require municipalities and local agencies to provide advance notice to the public of meetings held by commissions, boards, tribunals, and councils. This includes a broad spectrum of entities, such as unemployment commissions, tax tribunals, and school boards. These statutes permit any […]

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Are Short-Term Rental Occupants Considered to be Tenants or Guests under Michigan Law?

As vacation rental marketplace websites, such as Airbnb and Vrbo, continue to gain popularity, landlords, homeowners, tenants, and municipalities must grapple with various legal issues involving Short-Term Rentals (STR) of residential property. Accordingly, Michigan Courts have had to interpret the legal status and rights of STR occupants under the Summary Proceedings Act (MCL 600.5701 et. seq.) Indeed, some property owners build clauses into their leases that more clearly define the […]

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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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