CMDA attorneys represent developers in connection with land acquisition, subdivision and/or § 1031 exchanges, environmental compliance, and work closely with local governments regarding land use planning, zoning and platting. We also advise clients of alternative strategies for expanding, renovating, or disposing of commercial real estate holdings and establishing and modifying land use agreements including variances, easements and zoning to protect desired access, signage and building design criteria. We guide clients […]

Boundary disputes arise when adjoining property owners dispute whether recorded legal descriptions accurately set forth the boundaries of the adjoining properties.  A claim for adverse possession is established when a property owner can demonstrate that they have had possession of real property that has been actual, visible, open, notorious, exclusive, continuous, and uninterrupted for at least 15 years.  A claim for acquiescence re-establishes a boundary line after the parties have […]

CMDA can obtain FHA and VA approval by working cooperatively with the Boards of Director, individual co-owners, lenders, insurance providers and property managers to meet the needs of each Community Association. FHA guidelines are frequently updated and CMDA attorneys help Associations stay up-to-date with the newest iterations and requirements. CMDA provides a checklist of required documentation to determine if your Community Association is eligible for FHA and VA certification and, […]

CMDA attorneys examine an Association’s documents to determine proper compliance with the Fair Housing Act (FHA) and or civil rights to avoid alleged claims of discrimination, including those based on familial status, race, gender, creed, national origin, and service or emotional support animal requests.

One of the most important times in the life cycles of a condominium is immediately after the developer transitions control of the condominium to the co-owners. After the developer transitions control to the co-owners, many Associations require legal counsel to resolve issues relating to the following: Breach of fiduciary claims against the developer and/or its board appointees for violating their common law fiduciary duties and statutory duties Breach of express […]

CMDA attorneys assist Condominium and Homeowners’ Associations with implementing the appropriate corporate governance procedures. We are well versed in interpreting the Articles of Incorporation and Bylaws for Michigan Condominium Associations, Co-operatives and Homeowner Associations, as well as the Michigan Nonprofit Corporation Act. We counsel clients with respect to counting votes appropriately, drafting proxies, drafting designated voter representative forms, drafting meeting notices, issues concerning Robert’s Rules of Order, properly running meetings […]

Michigan Condominium and Homeowners’ Associations are responsible for the maintenance and repair of the general common elements in an Association. While many Boards budget for repairs and maintenance of the common elements over an extended period of time, many Associations are unprepared to deal with the discovery of construction defects.  Construction defects can be financially devastating to a Condominium or Homeowners’ Association and the failure of a Board of Directors […]

Michigan Condominium and Homeowners’ Associations may hire service vendors including contactors, accountants, consultants, attorneys, and property managers. CMDA attorneys prepare contracts for Associations to utilize when hiring potential service vendors. Additionally, we review and analyze potential contracts for inappropriate or illegal provisions. Our goal is to protect Associations on the ‘front-end’ before litigation to save time, money, and the headache of poorly drafted or one-sided contracts. When disputes inevitably arise, […]

CMDA attorneys assist an Association’s Board of Directors with the review and interpretation of their master deed, bylaws, state law, and federal law. CMDA attorneys frequently provide opinion letters to Associations relating to the following issues: Amending Association Documents Board Power and Authority Bylaw Enforcement Co-Owner Liability Developer Liability Fair Housing Act (FHA) Compliance Insurance Claims (liabilities from water leaks, common property repairs, and other causes of damage) Michigan Condominium […]

A hallmark of shared ownership living is that a co-owner gives up some individual rights for the good of the community as a whole. Consequently, whether an individual lives in a Condominium Association, Homeowners’ Association, or Co-Operative, in exchange for having the lawn mowed, the streets, driveways and sidewalks plowed, and the outside of the units painted, each co-owner has some restrictions on what can and cannot be done. Associations […]