Firm News: ZDF Attorney Melissa Francis to present at the 40th Annual Community Association Law Seminar in New Orleans – “Advanced Issues in Bankruptcy”

Attorney Mark B. Davis

We are most pleased to announce that Attorney Melissa Francis has been invited to deliver a presentation at the January 2019 Community Association Law Seminar in New Orleans. Continue reading

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Attorney Mark B. Davis

In Deruiter v. Township of Byron, on July 17, 2018 (Docket No. 338972) the Michigan Court of Appeals affirmed a grant of a Motion for Summary Disposition in favor of a “caregiver” as defined in MCL § 333.26423. The Court held that the Defendant Township’s zoning ordinance conflicted with provisions of the Michigan Medical Marijuana Act (MMMA) and was therefore preempted. Continue reading

Posted in Legislation, Marijuana, Smoking | Leave a comment

Marijuana Law Update: Recreational Use in Michigan on the Ballot for November

Attorney Mark B. DavisJust to provide an update on recent happenings in the marijuana field (pun intended):

Ballot Measure

The language and signatures have been certified, and have gone without challenge.  The citizens of Michigan will get the opportunity to decide if marijuana should be legal for recreational use.  The matter will be decided by the voters on November 6. Continue reading

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The Condo & HOA B.E.A.T. (Board Education and Training) – East Side

Zelmanski, Danner & Fioritto, PLLC Presents

The Condo & HOA B.E.A.T.
(Board Education and Training)
2018 Schedule: East Side
All classes held from 6:30- 8:00 PM
Continue reading

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The Condo & HOA B.E.A.T. (Board Education and Training) – West Side

Zelmanski, Danner & Fioritto, PLLC Presents

The Condo & HOA B.E.A.T.
(Board Education and Training)

2018 Schedule: West Side
All classes held from 6:30-8:00 PM

Continue reading

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The Condo & HOA B.E.A.T. – Free Board Education and Training


Experienced Condominium and HOA Attorneys

Experienced Condominium & HOA Attorneys

The Board Education and Training program is designed to educate Condominium and
HOA Board Members and Property Managers regarding the vast array of legal issues
that they face in serving their associations.

This ongoing series of monthly educational programs is free of charge and open to any
Condominium/HOA Board Member, Manager or interested party in the community
regardless of whether or not they are currently represented
by our firm.

• Always taught by attorneys
• Always free of charge
• Convenient locations near your community
• Valuable advice given by experienced professionals

Reserve Your Spot Now!

Space is limited. Please contact Attorney Stacia Miller ( in our Mt. Clemens office to reserve your spot or with any questions. Continue reading

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Marijuana Law Update: Washington Extends Legislation that Prohibits the Spending of U.S. Tax Dollars on Enforcement against Medical Marijuana Use, and Vermont Legalizes Recreational Use

Attorney Mark B. DavisThe recent budget negotiations to reopen the government included an extension of the Rohrabacher-Blumenauer Amendment, which prohibits federal tax dollars from being spent to enforce federal prohibition in states where medical marijuana is legal.  While this extension only lasts until February 8, 2018, it is quite possible it will be further extended into the future.  This provision has been in place since 2014.

In addition to Rohrabacher-Blumenauer, there are no less than 6 separate pending bills in the House and Senate to end and/or significantly restrict federal enforcement of marijuana prohibitions.  It is expected during the course of future budget negotiations that these issues will be revisited, as the measures enjoy bipartisan support.

During the course of the last week, yet another state enacted legislation legalizing the recreational use of marijuana.  The Governor of Vermont signed the first legislatively-created bill (all previous legalizations were done by voter referendums) to legalize adult recreational use.  Continue reading

Posted in Legislation, Marijuana, Medical Marijuana, Uncategorized | Leave a comment

Court of Appeals Rules against Condominium Association, Strictly Enforces Bylaws “Anti-Lawsuit” Restriction

The Michigan Court of Appeals recently rendered yet another decision against a condominium association strictly enforcing a lawsuit restriction contained in the association’s bylaws. In Sawgrass Ridge Condominium Association v Louis and Marilyn Alarie (“Alaries”) the association’s board of directors authorized the filing of a lawsuit against co-owners Alaries for failing to obtain written authorization from the board prior to making alterations to their deck.  The Alaries contended that the action must be dismissed because the board failed to properly procure authority to commence the lawsuit under the bylaws, which required the board to first hold a meeting and obtain approval by a vote of a majority of the co-owners.  The board admittedly did not follow the procedure set forth in the bylaws prior to commencing the lawsuit.  However, the board asserted that its acts were authorized by a majority of the co-owners by adoption of a consent resolution ratifying the board’s acts after the suit was commenced, in which notice and meeting requirements were purportedly waived.  Continue reading

Posted in Amendments, Antisuit Clauses, Court Opinions, Nonprofit Corporation Act | Leave a comment

U.S. Attorney General Jeff Sessions Repeals the “Cole Memo” – The Feds Take Aim at Marijuana Use

Attorney Mark B. DavisIn early January 2018, U.S. Attorney General Jeff Sessions announced that he had repealed the 2013 “Cole memo”, thus removing the primary barrier that had restrained federal prosecutors from pursuing marijuana cases in states that have legalized the drug.  This action by the Attorney General signals a major change in the Department of Justice’s marijuana enforcement policy.

By way of background, marijuana remains a Schedule 1 drug under the federal drug regulation scheme.  This means that the U.S. does not recognize any legitimate medical benefit from marijuana use, and it is not recognized as a drug that can be dispensed for such purposes, even with a prescription.  Most uses of marijuana that are permitted under federal law are for research purposes only. Continue reading

Posted in Condominiums, Marijuana, Medical Marijuana, Nuisance, Smoking | Leave a comment

Medical Marijuana and Condominiums: A Growing Problem in Michigan?

Attorney Mark B. DavisThere is hardly any area of the law that is evolving and changing as quickly as the law surrounding marijuana, especially medical marijuana.  Almost everyone is aware that in 2008 the voters in the State of Michigan legalized marijuana for medical purposes.  We are now 10 years into that change, and still the parameters of the permitted use of medical marijuana are anything but clear.  In the community association context, there have been a number of growing problems (pun intended) associated with the use of medical marijuana.   Continue reading

Posted in Marijuana, Medical Marijuana, Nuisance | Leave a comment