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

by | Aug 1, 2019 | Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Rules and Regulations

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 In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of...
HB 4676: NEW PROCEDURES FOR REMOVING DISCRIMINATORY PROVISIONS FROM COVENANTS AND MASTER DEEDS

HB 4676: NEW PROCEDURES FOR REMOVING DISCRIMINATORY PROVISIONS FROM COVENANTS AND MASTER DEEDS

by | Aug 1, 2019 | Board of Directors, Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Michigan Condominium Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Restrictive Covenants

On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.  42 U.S.C. § 3604 of the Federal Fair...
BRACE YOURSELF: DRONES ARE COMING TO A COMMUNITY NEAR YOU

BRACE YOURSELF: DRONES ARE COMING TO A COMMUNITY NEAR YOU

by | Jul 18, 2019 | Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Drones, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer, Rules and Regulations, Technology

Aerial photography, weather tracking, search and rescues – these are just a few things drones are being used for as they slowly integrate into our daily lives. Drones for recreational use can be purchased for as little as $30, and in June 2019, Amazon announced that...
RESIDENTIAL USE V. NON-RESIDENTIAL USE IN MICHIGAN CONDOMINIUMS

RESIDENTIAL USE V. NON-RESIDENTIAL USE IN MICHIGAN CONDOMINIUMS

by | Jul 9, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Construction, Deed Restrictions, Michigan Business Attorney, Michigan Condominium Lawyer, Michigan HOA Attorney, Property Managers, Restrictive Covenants, Zoning

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...
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

by | Jun 19, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Deed Restrictions, Department of Housing and Urban Development (HUD), Emotional Support Animals, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Restrictive Covenants

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

by | Apr 19, 2019 | Bylaws, Condo and HOA Cases, Condominium Document Amendments, Condominium Document Enforcement, Master Deed, Michigan Condominium Attorney, Michigan Condominium Lawyer

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...