Condo and HOA Lawyers
Serving Birmingham, MI

It starts with a phone call or proposal request. We review your declaration, bylaws, and the issue you are facing, then recommend either a retainer or a scoped engagement with a clear fee agreement. Once engaged, your board has direct access to your attorney by phone and email with a 24-hour response commitment. Many of the boards we work with had never hired an attorney before coming to us.

We handle most matters on a matter-by-matter basis, where we scope the specific issue and provide a clear fee agreement upfront so your board knows exactly what to expect. For collections, Michigan law allows condominium associations to recover attorney fees in many cases under the Michigan Condominium Act, which means the cost of enforcement can be billed back to the owner. We are transparent about costs from the start, and your board will have a clear understanding of fees outlined in our fee agreement.

Community association law is all we do. Our firm has represented more than 2,000 community association clients across Michigan and Illinois, and that volume means we have seen virtually every issue a board can face. Founding attorney Kevin Hirzel and partner Matthew W. Heron are both Fellows of the College of Community Association Lawyers, a distinction held by fewer than 200 attorneys in the country. Beyond legal representation, we publish handbooks, write a blog covering Michigan HOA law, and send a regular newsletter to help boards stay current on issues affecting their communities. When you call our office, you are talking to someone who works with boards like yours every day.

There are a few situations where legal counsel makes a real difference. If your association is facing aging infrastructure that may require a special assessment, struggling to collect from delinquent owners, working with governing documents that still reference the original developer, or responding to a fair housing complaint, those are all situations where having an experienced community association attorney can protect the board and the community association from liability.

When an owner falls behind on assessments, we follow a structured process that starts with demand notices and moves through lien recording and, when needed, non-judicial foreclosure. Almost all Michigan collections are resolved through this non-judicial foreclosure without filing a lawsuit. Michigan law gives condominium associations a statutory lien that attaches automatically when assessments go unpaid, and the Michigan Condominium Act provides tools for recovering attorney fees and costs from the delinquent owner. Our goal is to resolve the matter as quickly as possible while protecting the community association's cash flow.

Developer turnover is one of the most important transitions in the life of a community association. This is when control of the board shifts from the developer to the homeowners, and it is critical to get it right. Our attorneys can conduct a turnover audit to review the association’s finances, contracts, insurance, reserves, and physical condition of common elements. We identify any deficiencies, help negotiate with the developer to resolve outstanding issues, and ensure the new board starts on solid footing.

Michigan law supports a measured, escalating approach. Document the violation, then issue a written notice identifying the provision breached and the corrective action required. Many issues end there. If not, the board can impose fines, suspend privileges, or pursue legal action, and associations can recover attorney fees for enforcement when the bylaws provide for it. Consistency is critical, since delayed or selective enforcement can weaken the association's position. We help boards enforce rules firmly and fairly.

Board members are volunteers, but they carry fiduciary duties, and owners can and do sue directors personally. The strongest protection is making decisions the right way before a dispute arises. When a board acts in good faith, within its authority, and in reliance on advice from a qualified community association attorney, the business judgment rule generally protects directors from personal liability for those decisions. Legal guidance also keeps board actions consistent with the governing documents, which helps prevent the selective enforcement claims that often trigger owner lawsuits.