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 […]

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 […]

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 […]

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 […]

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 […]

Attorneys are often hard-pressed to find someone willing to jump to their reputational defense. In fact, they can either be a blessing or a curse. Often we need attorneys to defend us in court, collect an unpaid debt, or draft an estate plan. An attorney not knowledgeable with a specific legal matter can cause confusion and leave clients feeling over-charged and disappointed. Developers and real estate buyers alike often retain […]