Author Archives: Matthew Heron

BUSINESS INTERRUPTION AND LOSS OF USE INSURANCE CLAIMS RESULTING FROM COVID-19

In Michigan, as in most states, the state authority has significantly limited access to public places, stores, restaurants, movie theaters, offices, and other businesses through the issuance of executive orders prohibiting such access. For businesses whose viability depends on the public’s ability to access that business’ physical location, the issuance of such orders has resulted in a loss of use

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Fighting the Financial Impact of Coronavirus (COVID-19): The Small Business Administration’s Paycheck Protection Program and Economic Injury Disaster Loan and Loan Advance

The Small Business Administration (“SBA”) has made two significant programs available to help small businesses withstand the financial impact of the coronavirus (COVID-19) epidemic on the United States economy: (1) the Paycheck Protection Program; and (2) the Economic Injury Disaster Loan and Loan Advance. Both programs are intended to help small businesses by providing funds for necessary operational expenses. Businesses

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Resolving Satellite Dish Location Disputes: Sastin 2, LLC v Hemingway Association, Inc

Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics.  For some issues, however, an association’s concern over the form of a structure potentially impacts its function creating a conflict between the interest of the association and the interest of the owner seeking to install the structure.  The installation and location of

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HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations

            Tourism is a major part of the Michigan economy and its significance continues to grow.  From 2010 through 2014 tourism employment growth even outpaced overall state employment growth.  Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate has increased over the prior year’s occupancy rate for every month, except for two.  This growth has seen an

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PREEMPTION! The FCC’s Adoption of the OTARD Rules and their Application to Condominium and Homeowners Associations

            In Section 207 of the Telecommunications Act of 1996 (the “Act”), Congress directed the Federal Communications Commission (“FCC”) to adopt rules concerning Over-the-Air Reception Devices (“OTARD”) in order to provide limitations and guidance on governmental and non-governmental restrictions on viewers’ ability to receive certain over the air telecommunications.  In October 1996 the FCC adopted 47 CFR § 1.4000 (the

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Paris Meadows, LLC v City of Kentwood: Objecting to the Taxation of Common Elements

Introduction In Michigan the question of whether the common elements of a condominium are taxable appears to be well-settled.  In Paris Meadows, LLC v City of Kentwood, 287 Mich App 136; 783 NW2d 133 (2010), the Michigan Court of Appeals held that pursuant to Section 131 of the Michigan Condominium Act, MCL 559.231, property taxes may only be assessed against

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