Co-Owner’s Complaint of Neighbor’s Smoking in a Condominium Rejected by the Federal Courts

The Federal Appeals panel affirmed an opinion by the U.S. District Court for the Eastern District of Michigan over the granting of Summary Judgment in a condominium case that has broad ramifications. The Plaintiff claimed her Defendant next door neighbor was aggravating her preexisting asthma condition due to the frequent smell of smoke emanating from their unit. This action turned into what is regarded as a landmark case. It relates […]

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John Gwyn’s HOA Case Featured at CAI Annual Law Seminar

John Gwyn, an attorney in our Livonia office, recently attended the Community Associations Institute (CAI) 2022 Annual Law Seminar in California. While at the seminar, and unbeknownst to him, the national presenters chose to feature one of Mr. Gwyn’s cases as an example of the complicated interplay between tort, easement, and contract law. The case involves a Circuit Court Judge in Macomb County agreeing with CMDA that claims made in […]

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Dealing with Vexatious Litigants in Community Association Matters

Vexatious litigants bother, embarrass and/or cause legal expenses to the defendant and can be a costly problem in today’s legal system. Vexatious litigation is becoming more common in the realm of community associations and quite often these litigants represent themselves when they file lawsuits against their own association or contest decisions made by the Board of Directors. The result is that sometimes frivolous and expensive litigation occurs that must then […]

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Are Sellers Required to Disclose the Existence of Delinquent HOA Dues?

In Michigan the law is clear as to the duties of condominium associations to provide written statements to purchasers of units located in the condominium regarding unpaid assessments, interest, late charges, fines, costs and attorney fees. However, when it comes to homeowners that own lots in subdivisions governed by a Homeowners’ Association (HOA), the law is not as clear-cut. Therefore, prospective purchasers should be aware of any outstanding items that […]

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