Community Association and Real Estate Law Overview

The attorneys in the Community Association and Real Estate Law Practice Group at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) provide a wide range of general counsel services, transactional and litigation legal services to condominium associations, cooperatives, homeowners associations, and individual co-owners. In addition to handling community association and construction law, attorneys at CMDA represent individuals and corporate entities in real estate matters.

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Zoning/Land Use Planning

All zoning authority in the State of Michigan is governed by the Michigan Zoning Enabling Act, MCL 125.3101, et seq.  The Act defines the responsibilities and the authority of the Zoning Board of Appeals.  The Zoning Board of Appeals performs three basic functions: 1) interpreting ordinances, 2) deciding appeals from previous administrative decisions, and 3) granting or declining variances.  A variance allows for a divergence from a particular requirement of […]

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Quiet Title Actions

CMDA attorneys represent individuals and companies through negotiating the resolution of title disputes prior to litigation or by filing a quiet title action in Michigan Circuit Courts. The purpose of a quiet title action is to establish superior title against adverse claims to interests in real property and insures that any other potential interest holders’ claims to real property are forever barred and extinguished. Whether addressing claims for superior title […]

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Purchase and Sale of Real Property

CMDA attorneys have the experience and knowledge to ensure that all parties enjoy a smooth closing experience. CMDA Attorneys offer full legal representation of both buyers and sellers of residential real estate. We take pride in maintaining constant communication with our clients in order to make the closing experience a positive one.

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Nuisance/Trespass

CMDA attorneys represent landowners to protect and fight against such annoyances and to protect our clients’ aesthetic enjoyment of their property. There are two related legal remedies in the State of Michigan regarding annoyances such as smell, sight or sound and/or the exclusion of unwanted intruders: nuisance and trespass.  A nuisance interferes with a property owner’s reasonable use and enjoyment of his/her property.  A trespass is the unlawful entering of […]

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Land Division Act/Plat Issues

The real estate attorneys at CMDA assist builders, developers, and individual property owners with splitting lots and obtaining municipal approval for the same.  While a lawsuit is not always necessary, certain modifications to plats, such as vacating, correcting, or revising a highway, road, street, or other land dedicated to public use require the filing of a lawsuit in a Michigan Circuit Court.  The Michigan Land Division Act sets forth circumstances […]

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Landlord/Tenant – Commercial and Residential Leasing

CMDA attorneys handle all aspects of landlord/tenant law, including creating and revising lease terms, handling problematic tenants, advising landlords regarding the landlord’s duties and responsibilities, filing evictions, obtaining possession and money judgments and utilizing multiple and various methods to obtain collections. We advise landlords and tenants regarding Fair Housing Act (FHA) compliance, the Truth in Renting Act, the Landlord and Tenant Relationships Act, the Consumer Protection Act, the Summary Proceeding […]

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Financing

CMDA attorneys help negotiate and facilitate construction development loans, mezzanine financing, and/or permanent financing for commercial projects. We discuss with clients the use of other options for financing a project that is best for them, such as venture capital, equity investments, recapitalization, or restructuring of properties and entities.

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Residential Development

The Real Estate Law practice group at CMDA represents builders and developers in all aspects of residential development. We assist builders and developers in establishing condominium projects and subdivisions by preparing the master deed, bylaws, declaration, rules and regulations, as well as obtaining the necessary governmental approval for the project. We also prepare sales documents, including the disclosure statement, escrow agreement, limited warranty and purchase agreement, which a builder or […]

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Commercial Development

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 […]

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