Each election season, we receive questions about political signs in condominiums and homeowners associations. Can community associations restrict political signs, and what are some of the considerations? Freedom of Speech There is a US Supreme Court case, Reed v. Town...
Firm News
Good Governance of Residential Associations: Board Member Codes of Conduct
An Association’s board of directors plays a fundamental role in a residential community, and, even though much of the day-to-day operations of running the Association may be delegated to a professional manager, a well-functioning board is indispensable to a...
Slips and Falls by Co-owners on the Common Elements of Condominiums: Who, If Anyone, Is Liable?
On February 1, 2022, in Janini v London Townhouses Condo Ass’n,[1] the Michigan Court of Appeals (“COA”) held that a co-owner of a condominium unit could not bring a premises liability action for a slip and fall that occurred on the common elements of the condominium...
Fiduciary Duties of Directors and Officers
When a homeowner gains election or appointment as a director or officer of a corporation, they become a fiduciary for the corporation, and undertake duties to the corporation, and ultimately to the members it represents. What is a Fiduciary? A fiduciary is a person...
The Association’s Duty to Maintain, Repair, and Replace: Adequate Assessment and Planning
Whether your community is a condominium, subdivision, or you live in a cooperative, one of the most important functions of your association is to plan for an execute repairs and maintenance of common elements, areas, or assets. This requires money, which almost always...
The Dangers of Frivolity in Civil Cases: The Consequences of Filing a Frivolous Lawsuit or Asserting Frivolous Defenses
On more than once occasion, I have had clients say things akin to “well, can’t we just sue them and see what happens?” or “what if we just say that he/she did this, then they can’t win their case, right?” The answer to both of these questions is “no.” It’s my job as...
Common Types of Land Deeds in Michigan
Private land is bought, sold, or transferred using deeds. This Blog will address the four most common types of deeds in Michigan and what each of the different types guarantee. Warranty Deed A warranty deed provides the strongest protection to a buyer. The “warranty”...
Residential Community Working Relationships
In order for there to be effective administration of your community, the Association’s board, the manager and Association legal counsel should be working together, and in their proper roles. This blog will briefly and generally examine these roles and how they...
Considerations in Choosing a Property Manager: the Management Contract
A healthy working relationship between a residential association and its professional manager goes a long way toward making a successful residential community. Property managers typically have years and years of experience in community management and are able to...
Condominium Association/HOA Financing Options for Major Projects
Things fall apart. While in an ideal world, residential associations will have adequate reserves set aside to pay for repair and replacement of big-ticket items for which they have responsibility—things like pavement projects, roof replacement, siding replacement,...

