The Elderly are at Risk – Even in the Courts

Be an effective advocate for your spouse or parent by:

• Evaluating other options before petitioning to appoint a guardian or conservator
• Hiring a lawyer immediately
• Speaking to the court appointed investigator
• Attending all hearings
• Working out differences with family members – before going to court
• Encouraging your parent(s) to designate in advance who they want as guardian or conservator (In Michigan, this can be done in a durable power of attorney.)

The elder law and probate attorneys at Cummings, McClorey, Davis & Acho, P.L.C. are available to counsel on the pros and cons of pursuing (or defending against) appointment of a guardian or conservator in the Michigan probate courts.  We also go to court on behalf our clients and advocate aggressively for the right results.  Contact our office for a consultation about your situation at (734) 261-2400 or nrichards@cmda-law.com.

Jim Acho with Jerry Rush (Detroit Lions 1965-72) a former Lions player rep

Jim Acho, a partner in our Livonia office, was quoted in the latest issue of the New York Times publication Law360 Magazine regarding the legal aspects of the NFL player protests taking place during the national anthem.  While NFL rules may empower the league and its teams to punish players for actions the league and teams don’t like, there are federal, state and local laws, as well as individual contracts and collective bargaining agreements between the NFL Players Union and the NFL that also come into play.

Please click here to read the full article.

Clients need to be aware that there is a significant difference between how COFS works versus the MICH-Elf filing system, which will result in a major change in how e-filing will take place.  Under the MICH-Elf filing system, attorneys at CMDA could file documents on behalf of clients by using the Firm’s MICH-Elf filing number.  With COFS, each Company’s Resident Agent will be mailed a Customer Identification Number (CID) and PIN for all future filings.  This means that law firms, such as CMDA, will need to know every client’s CID and PIN numbers in order to submit documents on their behalf.

Beginning this week, business entities in Michigan will be receiving a letter notifying them of the new filing system.  The letter will include their new Entity Identification Number, Customer Identification Number (CID) and PIN.  The CID and PIN are the credentials needed to connect a business entity or law firm to the online filing system.

For additional information, please click on this letter from the Corporations Division and visit the FAQ webpage.

Joe Wloszek is an attorney with the law firm of Cummings, McClorey, Davis & Acho, P.L.C. where he focuses his practice on condominium law, commercial litigation, commercial real estate, large contractual disputes, and title litigation. Mr. Wloszek is a Certified Real Estate Continuing Education Instructor through the State of Michigan, the immediate past Chair of the Oakland County Bar Association Real Estate Committee and he has received numerous awards including being named a Rising Star by Michigan Super Lawyers, a Top Lawyer in commercial law by DBusiness Magazine, a Michigan Top Lawyer in real estate by Michigan Top Lawyers and the Pro Bono Volunteer Attorney of the Year by Michigan Community Resources.  He may be reached at (734) 261-2400 or jwloszek@cmda-law.com.

Please note our phone system will be completely shut down from around 2-4 p.m. this afternoon.  You can still reach us by e-mail at all times.  We look forward to greeting everyone in our new location soon!

Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) is pleased to announce the relocation of our Livonia office. Effective September 25, CMDA will be located in Livonia’s College Park Development at 17436 College Parkway.

“This is the perfect time for us to relocate. We were outgrowing our space, and the new location will enable us to accommodate our clients more effectively and efficiently,” said Bob Blamer, an Equity Partner of the Firm who is overseeing the move.

The move, designed to punctuate the Firm’s growth and wide-ranging legal services, provides a “modern, broad, open space” that can embrace additional staff members and attorneys, explained Chris Schultz, Managing Partner of the Firm. In addition to increased space, high-tech advantages and room for growth, the Firm’s new building is conveniently located just west of I-275 and north of Six Mile Road and is easily accessible to our clients and professionals.

The move from the familiar brown building at the northwest corner of Schoolcraft and Stark is bittersweet for many attorneys and staff as it holds countless special memories. Founders Owen Cummings and Bernie McClorey built the large three-level building in 1973. When CMDA first moved into the building just a couple attorneys were working there. The Firm occupied one small corner of the building, with other tenants occupying the rest. Over time, CMDA took over the entire building and occupied all three levels.

The continuous and steady growth of CMDA, in its over 50 years of existence, is a true testament to the hard work attorneys and support staff put into our Firm and the superb level of service we offer clients. This growth and longevity only occurred because of the outstanding clients that we have been blessed to serve. We look forward to greeting clients at our new location.

Cummings, McClorey, Davis & Acho, P.L.C.
17436 College Parkway
Livonia, Michigan 48152
Telephone: (734) 261-2400
Fax: (734) 261-4510
www.cmda-law.com

Please click here to read the full article.

2017 Michigan Super Lawyers
Jim Acho, Top Rated Civil Litigation Attorney
Jeff Clark, Top Rated State, Local and Municipal Attorney
Haider Kazim, Top Rated State, Local and Municipal Attorney
Jim Schuster, Top Rated Elder Law Attorney
Allan Vander Laan, Top Rated State, Local and Municipal Attorney
The Super Lawyers List recognizes no more than five percent of attorneys in Michigan.

2017 Michigan Rising Stars
Kevin Hirzel, Top Rated Real Estate Attorney
Larry Opalewski, Top Rated General Litigation Attorney
Joe Wloszek, Top Rated Real Estate Attorney
The Rising Stars List recognizes no more than 2.5 percent of attorneys in Michigan.

Christopher Schultz, managing partner of the Firm, explains, “Having several attorneys from CMDA selected as 2017 Michigan Super Lawyers and Michigan Rising Stars is validation for the hard work they put into the Firm and the superb level of service they offer clients.  Congratulations to each of them on their well-deserved title.”

No dangerous animal shall be brought to or kept on the condominium premises.  Any Co-owner, invitee, tenant, or guest who causes any dangerous animal to be brought to or kept on the condominium premises shall indemnify and hold harmless the Association for any loss, damage or liability which the Association may sustain as the result of the presence of such animal on the premises regardless of whether the Association gave its permission previously.

Often, we are asked the following questions:

1. What constitutes a “dangerous animal” and how is the Board to know?
2. Are specific dog breeds considered dangerous animals?  i.e. Pit Bulls, Rottweilers, German Shepherds
3. Can the size of a dog make it a dangerous animal?

The Michigan Dangerous Animals Statute, MCL 287.321

If the condominium bylaws do not define the term “dangerous animal,” we often look to the dictionary to define the term or whether the Michigan legislature has defined the term.  Under Michigan’s Dangerous Animals statute, specifically MCL 287.321, a “dangerous animal” is defined as:

(a) “Dangerous animal” means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the following:

(i) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal’s owner.
(ii) An animal that bites or attacks a person who provokes or torments the animal.
(iii) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(iv) Livestock.

(b) “Livestock” means animals used for human food and fiber or animals used for service to human beings. Livestock includes, but is not limited to, cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits. Livestock does not include animals that are human companions, such as dogs and cats.

Thus, when the condominium bylaws are silent as to what constitutes a “dangerous animal,” we look to a dictionary definition or how Michigan statute(s) define the term to offer guidance.  If the Board of Directors becomes aware of an issue, the Board will need to be aware of not only the definition of a dangerous animal if it is not defined in the condominium bylaws, but also the four exceptions above.

To be clear, the term “dangerous animal” (as defined by the Dangerous Animals statute above) does not refer to breeds of dogs in Michigan.  If an Association wants to outright ban specific types of animals or breeds of animals, an amendment to the condominium bylaws may be in order.  In addition, and also under the statute, the term “dangerous animal” does not apply to the size or weight of a dog.

Conclusion

Boards of Directors and Co-owners should be aware of Michigan’s Dangerous Animals statute and the potential impact it may have helping define what constitutes a dangerous animal.  If the definition above does not comport with your Association’s view of dangerous animals, you may wish to consider amending your condominium bylaws to more clearly articulate what your association considers a dangerous animal.

Joe Wloszek is an attorney in our Livonia office where he focuses his practice on condominium law, commercial litigation, commercial real estate, large contractual disputes, and title litigation.  He may be reached at (734) 261-2400 or jwloszek@cmda-law.com.

Pictured in the photo is Roger Zatkoff, first team All-Pro in 1954 and 1955. Zatkoff’s salary in 1957 was $5,300 and the player bonus for winning the NFL championship was $3,800. Zatkoff took the $3,800 and started a very successful industrial seals business that he still operates today. At 86, Zatkoff also still manages to get in at least two rounds a week at Oakland Hills Country Club.

Look for a major interactive feature on the 1957 team this fall in the Detroit Free Press. Jim was proud to take part in this great tribute luncheon and is proud of CMDA’s association with all retired Detroit Lions.

In 1967 Mr. Acho was a hardworking 21 year old working seven days a week at his family’s market in Detroit.  He had future plans of expanding his family’s market and opening a chain of grocery stores.  Everything changed in an instance on that Sunday afternoon in July when his family’s market was burned to the ground only a few hours after the riots began.

Mr. Acho vividly remembers seeing two men with torches walking toward the market. He recalls it like a scene from a horror movie, except it wasn’t a movie.  It was real life. The men were only two blocks away, and Mr. Acho knew these men were coming for his family’s market.  He and his brother took whatever cigarettes they could carry and the cash from the store and fled the market right before the men began breaking the windows and lighting it on fire.

His family had invested their life savings into this market.  “We had no building ownership.  The little insurance that we had did not even cover the cost of the inventory.  We were left pretty much broke,” he explained.

As you can imagine, the aftermath of the riots was devastating for his family.  Left with virtually nothing, Mr. Acho realized he needed to set aside his dream of opening a chain of grocery stores and follow another career path.  Mr. Acho’s older brother, Andy, helped him secure a job as a clerk at Ford Motor Co.’s Rouge Plant.  He stayed with the automaker for eight years while earning a bachelor of arts in business administration and marketing, and graduating summa cum laude from University of Detroit Mercy.  (The most wonderful blessing occurred as a result of the riots because he had to go back to get his degree and met the love of his life, Rita, and they have been married 48 years.)  He went on to earn his law degree from the Detroit College of Law but was unable to land a job in Ford’s legal department, something that turned out to be a blessing in disguise.

Mr. Acho joined CMDA in 1974, and, within a year, was made an Equity Partner. The Detroit riots of 1967 still impact the way Mr. Acho conducts business. He has been practicing law for 43 years, so it would not be uncommon for him to begin taking on a lighter load.  However, Mr. Acho is still often the first to arrive in the office and works longer hours than many younger attorneys.  He explains that every day he walks through CMDA’s door he has the mindset that nothing is a guarantee and it could all be gone tomorrow.  He values the importance of maintaining a strong and lasting relationship with current clients and fostering efforts to grow the Firm to ensure it continues to prosper for many years to come.