MICHIGAN COURT OF APPEALS RULES THAT CO-OWNER IS RESPONSIBLE FOR PRE-EXISTING BYLAW VIOLATIONS AFTER PURCHASING CONDOMINIUM UNIT

MICHIGAN COURT OF APPEALS RULES THAT CO-OWNER IS RESPONSIBLE FOR PRE-EXISTING BYLAW VIOLATIONS AFTER PURCHASING CONDOMINIUM UNIT

Kevin Hirzel, Brandan Hallaq and Kayleigh Long of Hirzel Law, PLC represented the Fox Pointe Association in this case. In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of...
RESIDENTIAL USE V. NON-RESIDENTIAL USE IN MICHIGAN CONDOMINIUMS

RESIDENTIAL USE V. NON-RESIDENTIAL USE IN MICHIGAN CONDOMINIUMS

In Michigan, many condominium documents contain a limitation that a Unit may be used for “residential purposes” only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of...
WXYZ DETROIT INTERVIEWS KEVIN HIRZEL ON THE THE DEBATE OVER HOA’S

WXYZ DETROIT INTERVIEWS KEVIN HIRZEL ON THE THE DEBATE OVER HOA’S

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the debate over HOA’s.  The interview discusses the pros and cons of Homeowner’s Associations, what you need to know before entering into binding agreements with your association and how your day to...
Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner...
Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to...
HOA violates the Fair Housing Act by denying a service animal in the clubhouse

HOA violates the Fair Housing Act by denying a service animal in the clubhouse

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s...