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HTMLInterpretation Of Leases 101: Top 10 Rules
Abraham Costin, Matthew McCarthy; McCarthy Tétrault LLP;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
One of the trickiest parts of drafting any commercial agreement, including a lease, is anticipating how all its provisions will be interpreted once it is in effect. Differing interpretations can lead to disagreements between the contracting parties, and possibly to litigation. If this happens,...

 

HTMLNew County Ordinance Affects Land Divisions
Robert R. Kanuit; Fryberger Buchanan Smith Frederick P.A.;
Legal Alert/Article
September 3, 2014, previously published on August 28, 2014
If you are considering buying or selling only a part of an existing tax parcel of land, a new amendment to the St. Louis County Subdivision Ordinance that took effect last summer may affect what you can do.

 

HTMLHow to Start Building A Valuable Brand for Your Community Association? Part II of Our Branding Series!
Donna DiMaggio Berger; Becker Poliakoff P.A.;
Legal Alert/Article
September 3, 2014, previously published on August 17, 2014
My last blog discussed why you should start considering your community's brand and how you are viewed in the marketplace by potential purchasers, vendors and even your local government officials.

 

HTMLFive things a community association Board of Directors should never do!
Donna DiMaggio Berger; Becker Poliakoff P.A.;
Legal Alert/Article
September 3, 2014, previously published on September 2, 2014
I have represented association boards for more than two decades and served on my own HOA board at one time so understanding the mechanics of a volunteer board comes easy at this point. Part of that understanding, however, is also an acknowledgement that boards often want to undertake certain...

 

HTMLHow Well Do ‘One-Size-Fits-All’ Leases Really Fit?
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
Many Maine landlords use the Maine Commercial Association of Realtors Commercial Lease as their ‘one-size-fits-all’ lease form. The form covers most topics that most landlords and tenants want to address. Landlords and tenants are understandably reluctant to re-write substantial...

 

HTMLIf It’s Wrong, You Got Nothin’ - Execution of Instruments
Angela L. Franklin; Holland & Hart LLP;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
To state the obvious, one of the most important aspects of any lease, deed, assignment or any other contract is making sure the appropriate party executes it. If the wrong person signs it, it will be either invalid or voidable at best. This is exactly what happened when only one manager of a...

 

HTMLTenants, Trespassers and Squatters - New Michigan Laws Impact Landowners’ Rights Regarding those on, or with a Possessory Interest in, their Property
Steven L. Owen; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
Two bills were recently signed into law by Governor Snyder that impact the rights of real property owners in Michigan. House Bill No. 5335, now Public Act No. 226, codifies that a possessor of real property does not owe a duty of care to a trespasser and is not liable to a trespasser for physical...

 

HTMLFinancing the Creative
Deanna Swisher; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
It is time to turn around the phrase “creative financing” to consider financing the creative. Lansing Michigan’s newest incubator, The Runway, will open in August. At The Runway, ten fashion designers-in-residence will be learning how to get their creative ideas to market and move...

 

HTMLDiscussed with Examiners: Common Issues in Examinations
Randall L. Harbour; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
I recently had the opportunity to lead a discussion of prudential regulators and examiners at a meeting of the Banking Law Committee of the American Bar Association. Our topic was identifying the more frequent issues and problems they are seeing in their examinations of smaller financial...

 

HTMLMichigan Receivership Rules Get a Tune-Up
Scott H. Hogan, Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
Effective May 1, 2014, the Michigan Supreme Court adopted new rules which significantly change how receiverships are administered. The changes to Michigan Court Rules 2.621 and 2.622 were made at the recommendation of the Receivership Committee of the Business Law Section of the State Bar of...

 


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