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...
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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...
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...