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 (smiller@zdfattorneys.com) in our Mt. Clemens office to reserve your spot or with any questions. Continue reading

Posted in CONDO Beat, Education, Firm News, seminars, Uncategorized | Leave a comment

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

MICHIGAN COURT OF APPEALS RULES AGAINST CONDO ASSOCIATION AND INVALIDATES SPECIAL ASSESSMENT TO FUND LITIGATION WITHOUT A CO-OWNER VOTE AS CONTRARY TO BYLAWS

In a recent unpublished Michigan Court of Appeals case entitled Nottingham Village Condominium Association v. John and Jane Doe Pensom, the Court ruled against the condominium association, and affirmed the co-owners’ right to have a condominium lien invalidated because the association failed to levy a disputed assessment in accordance with the association’s bylaws. The Court also upheld an award of costs and attorney fees of $7,739.00 granted to the co-owners. Continue reading

Posted in Amendments, Court Opinions, Litigation | Leave a comment

The Condo & HOA B.E.A.T. – SCHEDULE UPDATE AND CLASS DESCRIPTIONS

The The Condo & HOA B.E.A.T.
Board Education and Training
Presented by

Zelmanski, Danner & Fioritto, PLLC
Attorneys at Law

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! Continue reading

Posted in CONDO Beat, Firm News, HOAs, seminars, Uncategorized | Leave a comment

JANUARY B.E.A.T. CLASS

CONTRACTING FOR ASSOCIATIONS

January 17, 2018

6:30 p.m. to 8:00 p.m.

at

Macomb County Community College

Professional Development Center

44575 Garfield Rd., Building U1

Clinton Twp., MI 48038

The Holidays will be over and the BEAT goes on… Continue reading

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The Condo & HOA B.E.A.T

Zelmanski, Danner & Fioritto, PLLC presents

“The Condo & HOA B.E.A.T.”

(Board Education and Training)

A new monthly series of free educational seminars for condominium and homeowner’s association board members and property managers.

Serving on a condominium/HOA board can be a daunting task for the uninitiated.  In the interests of furthering education for board members and property managers, Zelmanski, Danner and Fioritto, PLLC offers a series of free monthly educational seminars covering a different condo/HOA legal topic every month.  These seminars are open to both existing clients and non-clients of the firm, as well as property managers. Continue reading

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FIRM NEWS: ZELMANSKI, DANNER & FIORITTO, PLLC WELCOMES ATTORNEY CHRISTENE M. RICHTER TO THE ZDF TEAM!

We are most pleased to announce that Attorney Christene M. Richter has joined the firm as an associate.

Ms. Richter graduated summa cum laude from the University of Detroit Mercy in 1999 where she obtained her Bachelor of Arts in Psychology. Ms. Richter earned her Juris Doctorate from Wayne State University Law School in 2003. Continue reading

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