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...
News
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...
HB 5028: Solar Energy Bill and Michigan’s 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...
Attorneys Recognized by Super Lawyers
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...
Attorneys Recognized by Best Lawyers®
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...
Mastering Condo Maintenance: Why Legal Guidance is Key for Crafting a Responsibility Matrix
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...
Reconsidering the “Open and Obvious” Doctrine: Implications of the Michigan Supreme Court’s Landmark Decision
In a significant ruling that affects property owners throughout the state, including Michigan’s community associations, the Michigan Supreme Court substantially altered premises liability law. On July 28, 2023, the Court ruled in the cases of Kandil-Elsayed v. F &...
Free Webinar – How Your Bylaw Provisions Impact Your Bottom Line
How Your Bylaw Provisions Impact Your Bottom Line Review the recording of our MAGWV Webinar from July 2023 Not all governing documents are created equal! Learn from MAGWV attorneys how different bylaw provisions will result in your community association risking or...
Your Accountant Wants You to Know About Section 57 of the Condo Act
Condominium associations with annual revenues exceeding $20,000.00 should take specific note that Section 57(2) of the Michigan Condominium Act provides that an independent certified public accountant must perform an annual review or audit of the association’s...