The Federal Appeals panel affirmed an opinion by the U.S. District Court for the Eastern District of Michigan over the granting of Summary Judgment in a condominium case that has broad ramifications. The Plaintiff claimed her Defendant next door neighbor was aggravating her preexisting asthma condition due to the frequent smell of smoke emanating from their unit. This action turned into what is regarded as a landmark case. It relates […]

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 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 attorneys enjoyed interacting with […]

John Gwyn, an attorney in our Livonia office, recently attended the Community Associations Institute (CAI) 2022 Annual Law Seminar in California. While at the seminar, and unbeknownst to him, the national presenters chose to feature one of Mr. Gwyn’s cases as an example of the complicated interplay between tort, easement, and contract law. The case involves a Circuit Court Judge in Macomb County agreeing with CMDA that claims made in […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]