Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Robert Meisner
Modulatory effects of ketamine on EEG source-based resting state connectivity in treatment resistant depression - Translational Psychiatry
Abstract Treatment-resistant depression (TRD) accounts for approximately 30% of major depressive disorder cases and has been characterized by altered functional connectivity within and between the Default Mode (DMN) and Frontoparietal networks (FPN). Ketamine can be an effective treatment for TRD, and its antidepressant response has been associated with alterations in resting state functional connectivity (rsFC).
Meisner: Adverse possession on a shared driveway
Q: We have a neighbor who we share a driveway with as well as a row of shrubs and soil around various tree rows. This has been going on for a number of years, and our neighbor, who regularly mowed the grass on a part of the driveway and cultivated the soil around the tree rows, is now claiming that he is entitled to adverse possession. While I understand it is fact intensive, do you have any comments?
Robert M. Meisner: What exactly is a barndominium?
Q: I have heard of the term barndominium as used for my horses and/or other purposes. What can you tell me about it? A: In the 80’s the term barndominium was designed with the horse owner in mind. kAm%96 32C?5@>:?:F>’D @7 E@52J 5@?’E ?646DD2C:=J 9@=5 9@CD6D[ E9@F89 E96J 46CE2:?=J 2C6 3:8 6?@F89]k^Am kAm%96J 5@ AC@G:56 @A6? DA246 3@E9 :?D:56 2?5 @FE] %96J 2C6 86?6C2==J =2C86 >6E2= DECF4EFC6D H:E9 9:89 46:=:?8D[ @A6? A=2?
Robert M. Meisner: Can association enforce rule they didn’t enforce before?
Q: The association has a rule as to where I can put my garbage cans, but they have never enforced it until now. I am wondering if that is legal under Michigan law. A: While it may seem unfair for the association to suddenly enforce a rule they previously ignored, Michigan law often allows associations to enforce their rules at any time. Typically, association bylaws include a clause stating that failure to enforce a rule in the past does not waive the right to enforce it in the future.
Robert M. Meisner: Management company is getting political
Q: Our board is somewhat apathetic about the way they run the association and has delegated to the managing agent a great deal of responsibility. Now the board wants to get rid of the management company, but the board is concerned about the management company getting political. What should we do?
Robert M. Meisner: Disclosing condo defects
Q: Our condominium association has a claim against the builder for various defects, and some of our co-owners are going to be wanting to sell their units. Do they have to disclose that situation to the prospective purchasers?
Robert M. Meisner: Condo co-owner wants to see the books, records
Q: I am a co-owner in a condominium who wants to look at the books and records of the association, and the management company refuses to give them to me. What can I do? A: The management company is simply an agent of the board of directors who represents the association. There is a provision in the Nonprofit Corporation Act, and no doubt in your condominium documents, that allows you, under certain circumstances, to review the books, records and contracts of the association.
Robert M. Meisner: Policing signs of a political nature in condominiums
Q: I am on the board of directors of a large condominium association, and a number of our residents want to put up signs of a political nature. We have a prohibition against signs, except for sale signs. How do we go about enforcing this restriction? A: You go about enforcing the restriction on signs as you would any other violation of the deed restrictions. A warning letter should go out to the particular homeowner who is putting a sign out demanding that the sign be taken down.
Robert M. Meisner: Support animals can create tricky situation in no-pet rentals
Q: I am trying to rent a unit in an apartment building and I told the landlord that I need an emotional support animal, which happens to be a pit bull. The landlord seems to be suggesting that his policy is not to allow pit bulls in the apartment. Do I have any standing? A: Yes, you certainly do, if you can establish that you need an emotional support animal even though it is a pit bull.
Robert M. Meisner: Forcing condo owners to sell to create apartments
Q: I am involved in an apartment-condominium complex in Detroit where one owner is attempting to force all of the unit owners out to make it an apartment complex or to demolish it. Is that legal? A: There are provisions in the Condominium Act that would allow the termination of a condominium with the requisite number of co-owners.
Robert M. Meisner: Environmental group’s appeal may have legs
Q: I am the president of a proposed planned unit development company whose project will comprise of a variety of residences, buildings, dockominiums and some open spaces. The zoning commission, however, has granted preliminary approval, but an environmental group plans to appeal. They have members who claim they are aggrieved with injury to their properties, businesses, riparian rights and legacies by impacts on natural areas.
Robert M. Meisner: Retain attorney and pursue insurance carrier Original
Q: Our association is having a problem with our insurance carrier regarding a repair which they are responsible for under our policy. The carrier is saying that they are only responsible to provide coverage for repairs and replacements with comparable material, and it is not responsible for providing repairs and replacements that would affect the appearance of the property. We are about to hire a lawyer, but what do you think our response should be and is it worth pursuing?
Robert M. Meisner: Road sinkhole and permanent nuisance
Q: We believe that the township has created a nuisance in regard to the manner they have corrected a roadway which later resulted in a sinkhole. Our board has been reluctant to take any action, but it has caused much damage to our community. This has become what we thought would be a permanent nuisance. What is your review on the timeliness of our claim?
Robert M. Meisner: Purchase agreement will prevail
Q: We signed a purchase agreement that provided for an AAA Arbitration Commercial Panel. Am I stuck with that, or can I go on a commercial panel where I can bring a small claims action as the amount at issue is about $6,000? A: Your purchase agreement will prevail, and under the rules of the American Arbitration Association, real estate purchase agreements are deemed to be considered under the Commercial Arbitration Rules.
Robert M. Meisner: Experienced community association lawyer is vital
Question: How do we find and ensure that we are getting an experienced community association lawyer? We clearly need one because we have had certain associates of a “so-called” Condo Law Firm that are new on the block, so to speak. Answer: Always find out who the head of the law firm is and whether you can hire that person directly, assuming that he or she is experienced.
Robert M. Meisner: Reader should seek out community association lawyer
Question: We live in a mixed-use community and the commercial units on the first floor are running the show as opposed to the residential owners. Our documents give these commercial owners a certain amount of vital power, which unfortunately we did not anticipate when we bought our unit. How can we change things?
158. Personal History of Alcohol Use Predicts Antidepressant Efficacy of Ketamine
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Robert M. Meisner: Attorneys valuable in real estate transactions
Question: Is it necessary to have legal representation for my real estate transactions if I choose not to hire an agent? Answer: In a significant shift in the real estate market in Michigan, buyers no longer have to pay for a buyer’s agent. This change has brought about a new dynamic in the home buying process, emphasizing the importance of having legal representation to navigate the complexities of real estate transactions.
Robert M. Meisner: Update on two Acts affecting associations Original
Q: Do you have any update on the Marketable Record Title Act compliance dates, and I heard something about the Corporate Transparency Act? Can you explain how that affects community associations? A: The governor of the state of Michigan signed an amendment into law just in the nick of time on March 28, 2024, extending the date for compliance with the Michigan Marketable Record Title Act (MRTA) from March 29, 2024 to Sept. 29, 2025.
Robert M. Meisner: Get legal advice if you don’t have a Realtor
Q: I read about a major judgment verdict that was entered against the National Association of Realtors and certain real estate organizations. It appears that more buyers will not be using agents. What are your thoughts about that? A: My general concern is that people purchasing real estate, particularly residential real estate and inclusive of condominiums and co-ops, are not well informed about the ramifications of their purchase.
Robert M. Meisner: Dealing with a continued easement
Q: I purchased some landlocked property and my predecessor had access to the property for agricultural and recreational purposes by crossing a farm road on my neighbor’s property that led to a nearby highway. Before my purchase, my predecessor received permission from the neighbor to use the farm road to reach the highway. However, later I decided to build a home on my property and sought an express easement from them which was refused. Do I have any basis to claim a continued easement?
Robert M. Meisner: Change in law to resolve premises liability cases
Q: I understand that there has been a change in the law in Michigan issued by the Michigan Supreme Court in connection with a new framework to resolve premises liability cases. Can you give me a brief description of the change? A: The Michigan Supreme Court overruled a longstanding precedent setting forth a new framework for premises liability cases. First, they overruled the previous decision to make the open and obvious danger doctrine a part of land possessory duty.
Robert M. Meisner: Marketable Record Title Act and upcoming deadline
Q. We are a rural subdivision association in northern Michigan and have not had our governing documents updated since 1971. One of our members heard something about the Marketable Record Title Act. Is there something we need to do to preserve our restrictions? A. The Michigan Marketable Record Title Act (MRTA) was amended recently to require the recording of a Claim of Interest on "interests, claims and charges" that are over 40 years old to ensure they are not extinguished on March 29, 2024.
Robert M. Meisner: Title company’s error affects property deeds
Q: I purchased two properties, but the title company put the wrong description on the deeds, confusing the two. The title company is now saying that it will change the deeds without our consent and one of the parties wants to back out. What do you think should occur? A: While it depends on Michigan law, which is similar to a recent case out of Minnesota, the title company unilaterally corrected the incorrect property descriptions and recorded the new deeds.
Robert M. Meisner: Show necessity to get a fence approved
Q: I am the president of a subdivision where a homeowner requested a wooden privacy fence as opposed to the wrought-iron fence approved by the association, as the association claimed that they needed to approve it. Do I have a case against the association for being unreasonable?
Robert M. Meisner: Association’s needs outweigh individual’s
Q: Our association has been receiving water and sewer fees, but the members of the association have not been willing to agree to levying an assessment to pay the monies. Do we have a right to levy a fee when the homeowners voted down a proposed assessment increase? We may end up having our utilities shut off.
Ketamine and the Evolving Psychopharmacologic Pipeline for Depression
Learning Objectives After the webinar, clinicians should: 1. Understand ketamine and esketamine’s unique history, antidepressant properties, hypothesized mechanism of action, and potential side effects when used as an antidepressant2. Demonstrate proficiency in evidence-based protocols, monitoring techniques, risk mitigation strategies, and appreciate select clinical and logistical elements crucial for effective care delivery 3.
Robert M. Meisner: A real estate agent’s disclosure responsibilities
Q: We are about to sell our house and I am wondering what kind of disclosure must be given by the real estate agent that we hire. What are their duties? A: The relevant Michigan statute indicates that the disclosure of the type of agency relationship that you have must be in writing and must be provided to you substantially to conform with the following duties: a. The exercise of care and skill in representing the client and carrying out the responsibilities of the agency relationship. b.
Robert M. Meisner: Corrections on deeds made by title company
Q: I purchased two properties, but the title company put the wrong description on the deeds confusing the two. The title company is now saying that it will change the deeds without our consent and one of the parties wants to back out. What do you think should occur? A: While it depends on Michigan law, which is similar to a recent case out of Minnesota, the title company unilaterally corrected the incorrect property descriptions and recorded the new deeds.
Robert M. Meisner:
Q: I purchased two properties, but the title company put the wrong description on the deeds confusing the two. The title company is now saying that it will change the deeds without our consent and one of the parties wants to back out. What do you think should occur? A: While it depends on Michigan law, which is similar to a recent case out of Minnesota, the title company unilaterally corrected the incorrect property descriptions and recorded the new deeds.
Robert M. Meisner: Buying rental properties under an LLC
Q: I am in the process of buying a rental property and want to know whether or not it is advisable to buy it under an LLC. What are your thoughts? A: Owning rental properties, of course, can be a lucrative business, but it comes with potential liabilities. Landlords can be held liable for accidents or injuries on their properties, which can put their personal assets at risk. This is where LLCs come in.
Robert M. Meisner:
Robert M. Meisner is the principle attorney of The Meisner Law Group, based in Bingham Farms, Michigan — which has provided legal representation for condominiums, homeowner associations, individual co-owners and developers throughout Michigan, including Grand Traverse, Leelanau and Emmet counties, for nearly 50 years. His book “Condo Living 2: The Authoritative Guide to Buying, Owning and Selling a Condominium” is available at www.momentumbooks.com.
Robert M. Meisner: Original
Q: We have a timeshare unit, and our association never calls an annual meeting and won’t explain how our assessments are calculated. We are one of a number of communities controlled by an investment company that also owns some timeshare units and collects a management fee. How do we get through to them?
Robert M. Meisner: Maintenance responsibilities in common elements
Q: I have lived in two different condominium developments, and in each case, I have had problems with common elements not being maintained properly, and the Association not willing to make the necessary repairs, and the same management company and law firm stonewalling me. Must I retain an attorney? A: I understand your predicament, as our firm is confronted with this scenario almost on a daily basis.
Robert M. Meisner: Community association needs an attorney
Q: I am the president of a proposed planned unit development company whose project will comprise of a variety of residences, buildings, dockominiums and some open spaces. The zoning commission, however, has granted preliminary approval, but an environmental group plans to appeal. They have members who claim they are aggrieved with injury to their properties, businesses, riparian rights and legacies by impacts on natural areas.
Robert M. Meisner: Seniority in slip assignments needs knowledgeable lawyer
Q: Our lake association has access to 14 boat slips and the association has the right to assign these boat slips on a seniority basis. The question has come up as to whether a new purchaser can step into the shoes of the seller in regard to seniority and if not, they are threatening litigation. The documents were not drafted to deal with this situation. What do you think?
Robert M. Meisner: Contingency on purchase agreement protects the seller
Q: We want to sell our home while the market is high, because we plan to move to another city expecting to start a new job which looks secure, but it’s not guaranteed. What do you suggest I do? A: Put a contingency in your purchase agreement that the sale will only go through if you secure and start a job in your new locale. That way, if you don’t get your job, you can walk away from the deal, and the purchaser is willing to run the risk.
Robert M. Meisner: Ousted board member entitled to indemnification
Q: One of the directors of our association was wrongfully removed by other members of the board. He sought reimbursement of his legal fees in bringing an action to gain his reinstatement. He is considering hiring an attorney to seek recoupment of his legal fees and costs. Do you think he is entitled to the recoupment of his legal fees and costs? A: Of course, it always depends on the documents, but a board member is generally entitled to indemnification for pursuing reinstatement to the board.
Robert M. Meisner: Get help before signing any purchase agreement
Q: We are in the process of purchasing a condominium with new construction. But the purchase agreement says it comes as is. We don’t think this is the usual case and we haven’t hired an attorney. What do you think? A: I would run for the hills if the developer is not willing to give you any warranty, even though there may be implied warranties, which it may be trying to exclude. Any developer that is not willing to stand behind his project is not someone with whom you want to deal.
Robert M. Meisner: Condominium documents key to mixed-use development
Q: We purchased a condominium unit with the specific intent to lease it out on a weekly basis. Unfortunately, it was a mixed-use development and the restaurant on the first floor emits smoke and other odors which are not conducive to anyone comfortably residing in the above unit which has hindered our leasing. The developer refuses to do anything. What can we do? A: I empathize with your situation as I have had clients encounter that problem many times.
Robert M. Meisner: Changing court usage could lead to a pickle
Q: We are on the board of a co-op that has a tennis court used strictly for the playing of tennis. Even though it is used less and less, there are some tennis leagues that still use the court, but some residents now want to change it to a pickleball court. Can we do so? A: It all depends on your bylaws and the proprietary lease. Does the board have the right to change the utilization of a certain area of the commons, which is owned by the co-op in the documents?
Serranator PTA Serration Balloon Utilized in CLTI Patient: Wound Healed
Please add Q&A Case Report from Cath Lab Digest.
Robert M. Meisner: Importance of hiring knowledgeable real estate attorney
Q: We signed a Purchase Agreement to purchase a house with various contingencies, none of which were met by the seller, and we put down a deposit of $7,500. The seller is now refusing to return the money, claiming that we did not operate in good faith in attempting to accept the changes that the seller made to satisfy the contingencies. What can we do?
Robert M. Meisner: Start with attorney on special assessment levy
Q: Our association needs to levy a special assessment that requires approval of the members although, we have not gotten a legal opinion on that. We are concerned about what we need to do if, in fact, we don’t get approval from the members, as there are a number of construction problems and repair items that need to be corrected and the developers out of the project. What do you suggest?
Robert M. Meisner: Hold harmless provision a standard demand
Q: I am one of the directors in our condominium association. After decades without a professional manager, we are finally going to switch to a professional management company. Their contract contains a hold harmless provision providing indemnification except in cases of willful misconduct or gross negligence. What opinion would you have about our board signing such a contract? A: This is actually a standard provision that management companies will demand in their contracts.
Robert M. Meisner: Amending an association's governing documents
Q: I’m on the board of directors of my condominium association. We’re looking to amend our governing documents, and we have a few ideas, but can we put anything we want in there or are there limits? A: When amending condominium documents, one of the primary criteria is that the amendment must be reasonable in relation to the operation of the association and the condominium. That, of course, applies to any provision in the bylaws.
Robert M. Meisner: Input on ways board members can serve
Q: How can community association board members best serve their communities? A: Since ChatGPT is the hot new technological development this year, I thought I would ask it the above question.
Robert M. Meisner: Denial of contract inspection difficult to defend
Q: I am one of the directors in our condominium association. One of our residents has requested a copy of the contract with our landscaping provider. We realize that contract negotiations are held in closed executive session, but does the resulting executed contract remain confidential and not available to our residents as some of our directors believe?
Robert M. Meisner: Important issue for community associations
Q: It looks like gun violence is increasing in our condominium and homeowner associations. Is there anything my association can do to reduce the risk for our residents? A: I see that trend as well. Recently, a Florida man shot and killed a board president and his wife over a laundry room dispute. Earlier this year, an association manager in Atlanta was shot to death by a disgruntled resident.
Robert M. Meisner: Permission to install EV station is likely needed
Q: I live in a condominium and want to install a charging station in my garage for my electric vehicle. Do I need permission from the Association? A: You should review your governing documents along with experienced legal counsel to be sure, but if you live in a condominium with attached units, you will most likely need to seek approval from the condominium association or its architectural committee.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Robert
Contact Robert, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack