Malta the Hidden Secret
Malta is a hidden secret for many and is truly stunning in its capture. Find out more about the islands real estate.
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Amending? Be Careful What You Wish For
When amending condominium documents, one of the primary criteria is that the amendment must be reasonable in relation to the operation of the association and the condominium. That, of course, applies to any provision in the Bylaws. Unfortunately, I have recently observed that certain community association attorneys have gone beyond the pale in protecting Boards…
DetailsHow to Find a Condominium / HOA Attorney
Board members of condominiums, HOAs / subdivisions, and cooperatives are at a major disadvantage when searching for legal counsel to represent their community association. They may not know which factors to consider or where to even begin. Many simply start by googling “condo attorney” or some similar phrase. Unfortunately, directors who are new to this…
DetailsMeisner Law Group Wins in Michigan Court of Appeals
The Meisner Law Group recently notched a significant win in the Michigan Court of Appeals for our client, Sunflower Village Homes Association. In an assessment collection case against owners who did not pay assessments, the trial court judge only awarded $500 in attorney’s fees and costs to the plaintiff Association, which was much less than…
DetailsRecord Marketable Title Act Update
Michigan community associations and their attorneys are concerned about potential unintended consequences from Public Act 572, which amended Michigan’s Record Marketable Title Act. While it is not entirely clear, many community association attorneys are of the opinion that the language might be interpreted to cause some community associations’ recorded restrictions to expire if they were…
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Amanda Skeel Leads our New Charlevoix Office
In order to address growing demand for our services in northern and western Michigan, we are proud to announce that we have opened a new satellite office in Charlevoix, which will be led by Amanda Skeel. Amanda will work with The Meisner Law Group as an “Of Counsel” attorney. Amanda brings to the firm many…
DetailsAre You Sure You Can Keep Your Dock?
A recent decision by the Michigan Supreme Court in Haan v. Lake Doster Lake Association means that members of community associations who have docks on a lake should check their deeds and governing documents. If an easement for a dock is not specifically provided in writing, it may be that the owner only has a…
DetailsReflections on the Florida Condo Collapse
First, it should be noted that this is a developing story, and information continues to come out regarding who knew what and when, so it may be premature to blame anyone for this horrible accident at this point in time. However, it is important to take this opportunity to reflect on best practices for all…
DetailsCondominiums Cheer Appellate Decision on Development
Michigan condominiums can breathe a bit easier after the recent Michigan Court of Appeals decision in Cove Creek Condominium Association v. Vistal Land and Home Development, which affirmed the lower court’s ruling that the language of the 2016 amendment to Section 67 of the Michigan Condominium Act should not be interpreted to apply retroactively. Prior…
DetailsJust. Follow. The. Rules.
Ob-sti-nate. adj. Stubbornly refusing to change one’s opinion or chosen course of action, despite attempts to persuade one to do so. We might add to the above definition a picture of the defendant in Fox Pointe Association v. Ryal, where summary disposition in favor of the plaintiff condominium association was recently confirmed by the Michigan Court…
DetailsDirectors Serve Until Someone Else is Elected
Occasionally, we work with boards of directors that have not held an election for some time, usually because nobody else has ever expressed an interest in running as a candidate. A recent decision from the Michigan Court of Appeals makes clear that the board’s decisions are not invalidated just because elections have not been held.…
DetailsKay Michael Receives Shining Star Award
The Paralegal/Legal Assistant Section of the Michigan State Bar honored Meisner Law Group paralegal Kay Michael with its Shining Star Award for the month of March, 2019. Congrats, Kay! “M. Katherine Michael has been a paralegal with The Meisner Law Group, P.C. which specializes in Community and Condominium Association Law, a very specialized area of law,…
DetailsCourt of Appeals Affirms Public Policy in Favor of Adult Care Facilities
Just about every condominium’s or subdivision’s bylaws has them – restrictions on “commercial” activity and the requirement that a home/unit be used only for “residential” purposes. However, litigation regularly erupts over whether certain activities are commercial or residential in nature. With regard to adult foster care facilities and whether they constitute commercial or residential activity…
DetailsBeware Lawyer “Vanity Awards”
By Robert Meisner In reviewing a recent issue of a statewide legal publication, I noted that a former associate of our firm, who now heads his own firm, had submitted an announcement that he received an award from the “American Institute of Legal Counsel” (AIOLC). Unfortunately, he may have been duped by an unethical “vanity…
DetailsDon’t Give Up on Your Assessment Collection Efforts
The owner has not paid assessments in years. Perhaps the owner has a gambling problem and flushed all their money away at the casino. The only significant asset other than their residence is a car with a lien on title, which can’t be seized for a sheriff’s sale. The only income is social security, which…
DetailsDept. of Veterans Affairs Makes Site Condo Approval Easier
“Effective immediately, site condominiums in the state of Michigan will be processed in the same manner as a single family detached residence. VA will no longer review legal documentation for site condominiums. Lenders will be responsible for ensuring that any site condominium proposed as collateral for a VA-guaranteed loan meet requirements for the state of…
DetailsSuspicious Minds of the Association Members
We’re caught in a trap We can’t reach quorum Because it’s two-thirds, baby Why can’t you see What you’re doing to me When you don’t give me your proxy? – Elvis President It’s a common problem for just about every board of directors – voter apathy and lack of trust will cause association members to…
DetailsStay on Top of Co-Owners’ Obligation to Insure
Unfortunately, we have witnessed a recent spate of fires that have occurred in various condominiums throughout Michigan. This has reminded us, and the associations that we represent, how important it is to have appropriate provisions in the condominium bylaws requiring co-owners to insure their units, and to enforce those provisions consistently. Some co-owners mistakenly assume…
DetailsMassachusetts Gets it Right Regarding Anti-Litigation Provisions
We have previously written about Michigan HB 4446, advocating for removal of the exemption for developers in the bill, or in the alternative, abandoning it. Now, a new Massachusetts Supreme Court ruling in Trustees of the Cambridge Point Condominium Trust vs. Cambridge Point, LLC has been published, where the court found an anti-litigation provision in the…
DetailsWhen Experts Disagree, Get Ready for a Fight
A new unpublished opinion of the Michigan Court of Appeals, Lake Area Group LLC v. Selbert, Not Reported in N.W.2d, 2017 WL 6542560, is an instructive example of what can happen if experts disagree about the safety of an element as constructed by a developer. The factual background from the decision reads as follows: “This…
DetailsHomeowners Try to Defend Themselves, Association Brings Them Back to Earth
This one had us shaking our head. Why do some people refuse to seek professional legal guidance when it is obvious that they need it? Few attorneys with any experience in community association law would have advised these homeowners to fight the association in this matter. In Hawthorne Ridge Homeowners Association v. Wang, Not Reported…
DetailsCalifornia Gets Aggressive With Solar Power in Community Associations
In what may be interpreted as an overreach by California’s state government through legislation (AB 634) enacted in October 2017, community associations in that state (including condos) now have significantly less control over installation of solar systems by owners, including installations on roofs that are part of the “common area” (what we know here in…
DetailsView Our Recorded Webinar – Pets in the Community Association
On December 12, 2017, we hosted a webinar, “Pets in the Community Association.” It’s everything you need to know about creating and enforcing pet restrictions in your Michigan condominium or subdivision. Are your current restrictions actually enforceable if challenged, and what accommodations might you have to make to comply with fair housing laws? Follow this link…
DetailsAre You Sure You’re Insured? Read Your Condo Policy Carefully
Condominium insurance policies can be incredibly confusing to the average board member. Even though there may be no “fine print” and everything is typed the same size, the many definitions, endorsements, and cross references can create a forest of exceptions that make it difficult to know exactly what you’re paying for or getting. Sometimes, even…
DetailsCommercial Condo Unit Gets Expansion for Free (Less Legal Fees)
For those who live in a mixed-use condominium, where some units are designated for commercial use and others for residential use, co-owners can experience conflicts due to the competing interests inherent to the two types of uses (profit versus enjoyment of a residence). If a commercial unit owner comes to the board of directors with…
DetailsForeclosure by Advertisement and the FDCPA
In most circumstances, we at The Meisner Law Group have found that the best recommended option to pursue foreclosure on a property for delinquent assessments is a judicial action as opposed to nonjudicial foreclosure by advertisement. Now, there is even more reason to prefer judicial action, as a recent decision concerning the federal Fair Debt…
DetailsIt’s a Bird, It’s a Plane, No, It’s a Drone!
With the exponential rise in the popularity of drones (technically referred to as “Unmanned Aerial Vehicles”) over the past few years for personal use, as well as current testing by businesses like Amazon for commercial delivery to residences, the federal government and many states, including our state government in Michigan, have taken the first steps…
DetailsNew Michigan Law Confirms Landlords May Ban Medical Marijuana Smoking
Michigan Governor Rick Snyder has signed SB 72 into law, which should be effective on or about April 10, 2017, codifying part of a 2011 opinion by the State Attorney General. SB 72 has added the following (bold text) to the state statute created by the previous voter-initiated legislation on medical marijuana: “Nothing in this act…
DetailsAppeals Court Interprets “Residential Use” to Exclude Transient Leasing
An interesting case was recently decided by a Texas Court of Appeals in the matter of Tarr v. Timberwood Park Owners Association, Inc., No. 04-16-00022-CV (Tex. App. Nov. 16, 2016). Timberwood Park’s governing documents stated that the homes in the subdivision were to be used exclusively for residential purposes but did not contain any specific prohibition…
DetailsNew Fair Housing Act Rule Effective October 14, 2016
We were alarmed when we first read the Community Association Institute’s (CAI) blog post regarding a new Fair Housing Act rule that is effective as of October 14, 2016. Of particular concern was the following statement: Under the rule, community associations may be liable under the Fair Housing Act for the discriminatory actions of residents who harass…
DetailsFederal Housing Administration Certification for Condominiums
Good news for condominium associations throughout the nation – the National Chapter of Community Associations Institute (CAI) reports that H.R. 3700, the Housing Opportunity through Modernization Act, has been signed into law by the President. The Federal Housing Administration (FHA) will be required under the legislation to make the following changes to the FHA’s condominium approval process:…
DetailsAppeals Court Victory for All Associations!
This important victory for community associations was codified by the Michigan Court of Appeals in its recent published opinion issued July 2, 2015 in the case of Great Lakes Shores v Bartley. The importance of this decision cannot be overemphasized for any community association that seeks to recoup its legal fees and costs in a…
DetailsCondominium Association Victory in Michigan Court of Appeals
For years, on behalf of our clients, we have been holding foreclosing banks accountable for payment of assessments from the date of the sheriff sale forward. The banks, on the other hand, liked to argue that their responsibility for payment of assessments did not begin until the date the redemption period expired. At issue –…
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