by Kevin Hirzel | 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In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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...
by Kevin Hirzel | Mar 5, 2019 | Board of Directors, Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Department of Housing and Urban Development (HUD), Director and Officer Liability, Fair Housing Act, Michigan Condominium Attorney, Michigan Condominium Lawyer, Religion, Restrictive Covenants
Overview of Religious Discrimination under the Fair Housing Act The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon...
by Kevin Hirzel | Jan 8, 2019 | Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Master Deed, Michigan Condominium Act, Michigan Condominium Attorney, Planned Unit Development, Restrictive Covenants
On December 31, 2018, SB 671 was enacted into law, via 2018 PA 572, in order to amend the Michigan Marketable Record Title Act. SB 671 was a lame duck bill that may have drastic consequences for Michigan condominiums and homeowners’ associations in the future. Based...
by Kevin Hirzel | Sep 10, 2018 | Bylaws, Condominium Document Amendments, Condominium Document Enforcement, Deed Restrictions, Master Deed, Michigan Condominium Lawyer, Planned Unit Development, Restrictive Covenants, Rules and Regulations, Solar Panels, Technology
On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving...
by Joe Wloszek | Mar 28, 2018 | Bylaws, Condo and HOA Cases, Condominium Document Enforcement, Deed Restrictions, Property Managers, Restrictive Covenants, Rules and Regulations
In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community. Normally, when an owner wishes to...
by Kevin Hirzel | Feb 1, 2018 | Bylaws, Companion Animals, Condominium Document Enforcement, Deed Restrictions, Department of Housing and Urban Development (HUD), Emotional Support Animals, Fair Housing Act, Michigan Condominium Lawyer, Restrictive Covenants
WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the increase in requests for emotional support animals and how Senate Bill 663 would help to curb requests for fake emotional support animals. The interview discusses how requests for emotional...
