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....
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...
The State of Michigan adopted Public Act 68 of 2024, known as the "Homeowners’ Energy Policy Act" (the “Act”). Although it was signed by the Governor on July 8, 2024, it is not yet in effect, and is scheduled to go into effect in early 2025. This Act impairs the...
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...
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...
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...
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...
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...
By Amy M. Smith, MAGWV Partner Updated November 16, 2023 The Homeowners' Energy Policy Act was recently introduced in the Michigan State Legislature as HB 5028. The House of Representatives has narrowly approved the bill by a vote of 56-54. It will now move on to a...
Managing Partner Stephen M. Guerra has been selected to the 2023 Michigan Super Lawyers list. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Additionally, attorney Evan M. Alexander has...
We are proud to announce that six of the firm's attorneys have received recognition in the 2024 editions of Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. (The year in parenthesis is the first edition year the lawyer was recognized by Best...
A responsibility matrix is a summary of association and co-owner responsibilities for maintenance, repair, and replacement of the condominium common elements and units. Because condominium master deeds, even when clearly drafted, can be complicated and often...