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...
News
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...
Delayed Decisions on Accommodation Requests Lead to Trouble
A recent federal court decision in U.S. v. The Dorchester Owners Association, No. 20-1396 (E.D. Penn. Jan. 25, 2023), is instructive as to how boards of directors can put their associations at risk when they fail to make timely final decisions on accommodation...
Service Dog Appropriately Barred from Workplace
Condominium and homeowner's associations are seeing an increase in the number of requests for accommodation of emotional support animals. That has correlated to rising numbers of disability discrimination lawsuits and claims of failure to accommodate. Educated board...
Short-Term Lessors Lose Another Appeal
The Michigan Court of Appeals recently issued an opinion in Apache Hills Property Owners Association, Inc. v Sears Nichols Cottages, LLC (Docket No. 360554) which reconfirms how to interpret leasing and use restrictions. This case involved a dispute over the...
To Keep or Not to Keep: Navigating the Legal and Social Challenges of Backyard Chickens in Michigan Condominiums
Keeping backyard chickens has become increasingly popular over the years as more and more people seek to live a sustainable and self-sufficient lifestyle. But is it legal for Michigan community association residents to keep chickens in the backyard of their...
Why Associations Must Be Aware of Changes to the Marketable Record Title Act
Updated as of March 28, 2024 As discussed in more detail below, the State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community associations may not be familiar with the MRTA since its provisions historically have not affected...
Be Aware of Potential Disparate Impact Discrimination Claims in Your Association
In community association administration, disparate impact claims can arise when a seemingly neutral policy or practice has a disproportionate negative impact on a group protected by fair housing laws. For example, communities occasionally ask us whether they can...
New LGBTQ Protections Impacting Community Associations Signed Into Law
On March 16, 2023, Governor Gretchen Whitmer signed a bipartisan bill officially expanding Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), which bars discrimination in employment and housing sectors. The ELCRA now protects against discrimination based on an...
Makower Abbate Guerra Wegner Vollmer is Thrilled to Announce that Attorneys Amy Smith and John Finkelmann Have Been Promoted to Partners at the Firm
Amy, who has been with our team for 7 years and is a recognized expert in real estate and condominium law, was named a “Go to Lawyer” by Michigan Lawyers Weekly in 2022. She also serves as co-chair of the Social Committee for the Michigan chapter of Community...