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|Interpretation Of Leases 101: Top 10 Rules|
Abraham Costin, Matthew McCarthy; McCarthy Tétrault LLP;
September 5, 2014, previously published on August 28, 2014One 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,...
|New County Ordinance Affects Land Divisions|
Robert R. Kanuit; Fryberger Buchanan Smith Frederick P.A.;
September 3, 2014, previously published on August 28, 2014If 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.
|How to Start Building A Valuable Brand for Your Community Association? Part II of Our Branding Series!|
Donna DiMaggio Berger; Becker Poliakoff P.A.;
September 3, 2014, previously published on August 17, 2014My 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.
|Five things a community association Board of Directors should never do!|
Donna DiMaggio Berger; Becker Poliakoff P.A.;
September 3, 2014, previously published on September 2, 2014I 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...
|How Well Do ‘One-Size-Fits-All’ Leases Really Fit?|
Richard W. Smith; Bernstein Shur;
September 2, 2014, previously published on August 29, 2014Many 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...
|If It’s Wrong, You Got Nothin’ - Execution of Instruments|
Angela L. Franklin; Holland & Hart LLP;
September 2, 2014, previously published on August 21, 2014To 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...
|Tenants, 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.;
September 1, 2014, previously published on August 26, 2014Two 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...
|Financing the Creative|
Deanna Swisher; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 26, 2014It 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...
|Discussed with Examiners: Common Issues in Examinations|
Randall L. Harbour; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 26, 2014I 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...
|Michigan Receivership Rules Get a Tune-Up|
Scott H. Hogan, Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 26, 2014Effective 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...