The Next Billion Dollar Market Is Coming To Michigan – Ready To Make Some Green?
On November 6, 2018, Michigan residents voted to pass into law the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which took effect December 6, 2018. On a very basic level, the MRTMA allows Michigan residents to lawfully possess up to 2.5 ounces of marihuana and grow up to 12 marihuana plants. Additionally, it establishes […]
HOA Bylaws: Not an End Around Existing Covenants
A homeowners association (HOA), through its bylaws, mandated preapproval of all new development by an architectural control committee, created additional building standards, and required submission of a fee for all plans. Property owners, who were seeking to build more homes, sued the HOA in an effort to invalidate these new requirements. In Conlin v. Upton, 313 […]
Restrictive Covenants Limiting Short-Term Rentals
In Eager v. Kaurich Trust, (Mich. App. No. 336460, Nov. 30, 2017, unpublished), a property owner sought to enjoin a neighbor from renting out a lake house for short-term use, arguing that the rental violated the subdivision’s restrictive covenants. The trial court denied the request, finding that the restrictions’ limitations on the use to “private occupancy” and […]
Homeowners Association Bylaws: Not an End-Around of Existing Covenants
A homeowners association in Michigan, through its bylaws, mandated preapproval of all new development by an architectural control committee, created additional building standards, and required submission of a fee for all plans, none of which were in the restrictive covenants of the neighborhood. Property owners, who were seeking to build homes, sued the homeowners association […]
Michigan Residential Builders: Stop Paying Local Taxes on Unoccupied Buildings!
All Michigan residential builders and Michigan home-owners know that the board of a local school district may levy up to 18 mills for school operating purposes. For home-owners, at least regarding a home-owner’s principal residence, the way to get around having to pay this tax is to file a Principal Residence Exception Affidavit with the […]
Eliminate Non-Competes In Michigan?: HB 4198
Non-compete clauses are often found in employment contracts, whereby the employee normally agrees not to enter into or start a similar business or profession that competes against the employer. From the employer/business owner perspective, non-compete clauses protect a business’s trade secrets and confidential information by preventing employees from quitting one company and working for a […]
Over 240 Arrests By The FBI For Largest Medicare Fraud Bust In History
On June 18, 2015, Attorney General Loretta E. Lynch and Department of Health and Human Services (“HHS”) Secretary Sylvia Mathews Burwell, accompanied by FBI Director James B. Comey and members of the Department of Justice (“DOJ”), announced the largest Medicare fraud bust in history. This bust ended with 243 individuals, including 46 licensed medical professionals, being arrested […]
Dissection of the Final Regulations Under PPACA (IRC 501(R)) For 501(C)(3) Hospitals
The Internal Revenue Service and Department of Treasury recently issued final regulations under Section 501(r) of the Internal Revenue Code (Final Regulations). Section 501(r), added as part of the Patient Protection and Affordable Care Act of 2010 (PPACA), established additional requirements for hospitals exempt from federal income taxation under IRC 501(c)(3) – most notably periodic […]
Avoid Common Lease Mistakes Made By Residential Landlords
Time and time again, we see landlords encounter issues with tenants that were completely avoidable. A well drafted lease can include provisions that safeguard landlords against some very typical problems and save the landlord time and money in the future. One of the most common problems encountered by a landlord is a tenant that is […]
Forming an LLC – Why Hire an Attorney?
To the internet savvy, which applies to most of us today, it is not difficult to find forms to create your own limited liability company – known as the LLC. In Michigan, to form an LLC, all you really need to do is pick out a name for your company (that isn’t already taken) and […]
