The Michigan Homeowners' Energy Policy Act: What Board Members and Managers Need to Know If you are a board member or manager of a Michigan community association, you need to know how to comply with the Homeowners' Energy Policy Act, which becomes effective April 2,...
News
BOI Reporting Requirements Reinstated – Again!
Updated February 19, 2025 Beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are again in effect. On February 18, 2025, the last remaining injunction against the CTA was lifted by a U.S. District Court for the...
Attorney Evan Alexander Has Been Promoted to Partner at the Firm
Evan Alexander joined the MAGWV team 10 years ago, and during that time, he has steadily established himself as an authority on community association law. He is a frequent presenter on community association law topics, including seminars held by United Condominium...
Another Victory for a MAGWV Association Client: Michigan Court Rules in Favor of Right to Hire Property Manager
In a notable decision issued on October 10, 2024, the Michigan Court of Appeals in Neuman v Long Lake Shores Ass’n, No 368648 (Mich Ct App Oct 10, 2024) upheld a trial court ruling in favor of MAGWV’s association client in a contractual dispute brought by a group of...
Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law
MAGWV has successfully argued that an above ground “swim spa” constitutes an above ground “swimming pool” and is therefore prohibited when an association’s governing documents prohibit above ground swimming pools. In Hills of Oakland Subdivision Association v....
Michigan Supreme Court Opinion and Co-owner Premises Liability Claims Against Condominium Associations
On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a...
New Homeowners’ Energy Policy Act Impacts All Community Associations in Michigan
The State of Michigan adopted Public Act 68 of 2024, known as the "Homeowners’ Energy Policy Act" (the “Act”). Its effective date is April 2, 2025. This Act impairs the ability of condominium and subdivision associations (referred to in this article as “community...
New Michigan Court of Appeals Decision in Condo Slip-and-Fall Case
Last year, the Michigan Supreme Court's decision in Kandil-Elsayed v. F&E Oil, Inc., marked a pivotal change in premises liability law. The ruling clarified that the "open and obvious" doctrine would not entirely preclude liability claims regarding dangerous...
Deadline Regarding the Marketable Record Title Act
Updated as of March 28, 2024 The Michigan State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community association boards and managers may not be familiar with the MRTA since its provisions historically have not affected community...
Understanding the Uniform Power of Attorney Act for Michigan Real Estate Attorneys
Public Act No. 187, adopted on November 7, 2023, establishes the Uniform Power of Attorney Act in Michigan, and takes effect July 1, 2024. The Act provides a structured approach to the creation and use of powers of attorney (POA). The following is a summary of its key...
Lending Questionnaires for Condos Revised Regarding Critical Repairs
Effective September 18, 2023, some updates were made to the eligibility criteria for condominium and cooperative projects by Fannie Mae and Freddie Mac. Known formally as the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage...
New Proposed Michigan Bill Will Require Condominiums Conduct Reserve Studies
By Amy M. Smith and Todd J. Skowronski HB 5019 is a new bill pending in the Michigan House that will require condominium associations in the state to conduct periodic reserve studies to help plan for future repairs and replacements. The Community Associations...