August 2026


August 2026
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BOMA BRIEFS
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In This Issue:
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From the BAE - BOMA Updates
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The Outstanding Building of the Year
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Summer Island Networking Party Photos
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Emerging Professionals Event Photos
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The Invisible ROI
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CRE News You Can Use
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SAVE THE DATES & REGISTER TODAY
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September 14 - Autumn Open
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September 23- Fox Theatre Tour
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October 16- PULL for BOMA Clay Shoot
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December 2 - TOBY AWARDS SHOW
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BOMA Briefs Sponsors
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LOTTERY WINNER!
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TOBY
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TOBY Applications Are Open!
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What are the TOBYS?
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How Does It All Work?
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Wanting to enter to win a BOMA TOBY Award but have no idea where to begin?
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Annual Awards
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Property Manager of the Year
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Facility Manager of the Year
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Building Engineer of the Year
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Allied Member of the Year
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Principal Member of the Year
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Corporate Member of the Year
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Rising Star
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Nominations
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Open!
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Summer Island Networking Event Photos
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Emerging Professionals Event Photos
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The Invisible ROI: How BOMA Has Protected You Over the Decades
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BOMA SAVES THE INDUSTRY
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MILLIONS
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BOMA International protects the commercial real estate industry from costly and unnecessary regulatory burdens by actively representing CRE interests during the International Code Council's (ICC) code development process.
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up to $8.65
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per square foot
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SAVED by advocating against unnecessary proposals
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Why it matters for YOU
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www.boma.org
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House Bill 4582 – The Fight to Restore Open and Obvious
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After the Michigan Supreme Court overturned the Open and Obvious Doctrine, property liability insurance skyrocketed for companies across the state. Since 2023, companies have reported double digit year-over-year increases in commercial liability insurance. Thomas Duke Company saw a 24.4% increase in liability insurance from 2023 to 2024 alone. Insurance companies are afraid to litigate during premises liability suits and instead are settling cases that they would have won under Open and Obvious. This causes insurance rates to increase, and companies have seen deductibles that more than doubled.
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These costs don’t stay with property owners. As BOMA members, we know that property costs get passed down the chain, causing tenants, small businesses, and residents to see higher costs, in the form of higher rents and operating costs. Vendors and contractors also face more legal exposure and raise their rates accordingly, compounding costs up and down the chain.
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House Bill 4582 restores the Open and Obvious Doctrine to the standard in place prior to 2023. The bill returns predictability and common sense to premises liability law and reduces risk exposure for properties in Michigan. It would slow – and hopefully bring back to pre-2023 normalcy – insurance rates and allow owners, managers, and tenants to make maintenance and investment decisions without constant rising rates and unmitigated legal exposure.
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BOMA and 10+ other large-scale Michigan organizations have rallied behind this bill. The bill passed the Michigan House with one Democrat crossing party lines. Our Senate outreach campaign has focused on the 20 Michigan Democratic Senators, and we only need 2-3 “flips” to pass the bill. So far, we have sent personalized letters and emails to every Senate office, held meetings with staffers for Senators on the Committee on Finance, and driven to Lansing multiple times to have face-to-face conversations with legislators and show support for this bill.
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Time is not on our side. If House Bill 4582 doesn’t pass before December 31st, 2026, we will have to restart our efforts from scratch. As a BOMA member, you can help change that. The only way this bill passes is if we show the Senate how hard we have been affected by the removal of Open and Obvious. If your State Senator is a Democrat, or hasn’t shown interest in this bill, we can connect you with staffers. If you have seen frivolous lawsuits, rising insurance rates, or have a story that would get the attention of your Senator, email me at sclark@thomasduke.com and I will make sure it gets to Lansing.
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Open and Obvious: The Case to Restore Property Owner Protections
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Definition
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The "open and obvious" doctrine was a longstanding premises liability protection for hazards on properties deemed “open and obvious” to the average person, like a slippery patch of ice on a sidewalk or a pothole in the parking lot. This standard protected Michigan from courtroom backlogs, and discouraged frivolous lawsuits against property owners.
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The Problem
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In 2023, theMichigan Supreme Court overturned the
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longstanding "open and obvious" defense in premises liability cases. Michigan is now one of just nine states without this safeguard — a national outlier. The result: more litigation exposure, greater uncertainty and higher costs for property owners of every size.
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The Solution
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Restorereasonable protections that curb lawsuit abuse
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while preserving fair recourse for people truly harmed by negligence. The Michigan Alliance for Legal Reform supports efforts to reinstate key elements of open and obvious and return balance and predictability to Michigan’s legal system.
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House Bill 4582 is a needed step — delivering protections for property owners while keeping legitimate claims intact.
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Without an open and obvious safeguard, Michigan employers face higher liability and insurance costs — forcing tough trade-offs like fewer jobs, delayed investments or higher prices. Property owners face the same squeeze, with costs often passed on to renters and commercial tenants. Do other states have open and obvious property protections?
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41 states retain some form of open and obvious safeguards in premises liability. Michigan is among just nine without it — making our state a national outlier and magnet for frivolous lawsuits.
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Business Community Supports HB 4582, Urges Additional Changes to Premises Liability
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CRE NEWS
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YOU CAN USE
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The True Cost of Deferred Cleaning: How Preventive Janitorial Programs Protect Building Assets
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What’s Next for the US Office Market?
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Thank you for being a member of BOMA Metro Detroit and for taking the time to read BOMA Briefs. Your support, involvement, and engagement help make our organization stronger every day. We are grateful for each and every one of you.
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Your BOMA Team, Rick and Rachel
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