It is essential for Detroit condo and homeowners associations (“HOA”) to have trusted and experienced attorneys on their side. Condo associations frequently encounter challenging legal matters involving amending HOA covenants, HOA collections, enforcement of HOA rules, contractual disputes, developer turnover issues, and Fair Housing Act compliance. While each situation is unique with its own sets of challenges, all require a skilled Detroit condominium and HOA lawyer.
Rather than managing these complex processes on your own, leave them to the experienced Detroit condo and HOA lawyers at Hirzel Law, PLC. Our award-winning Detroit condominium and homeowners association attorneys handle all varieties of condo and HOA legal matters with our comprehensive understanding of Michigan’s condo and HOA laws.
Why Should I Partner with a Detroit Condo or HOA Lawyer?
Legal problems can arise when coordinating and contracting with owners, renters, or vendors. That is why working with experienced HOA attorneys, such as Hirzel Law, is invaluable. Hirzel Law serves as a trusted advisor and educator on intricate condo and HOA legal matters.
Legal Counsel for Detroit Condominium Law Issues
Condo associations frequently encounter legal matters that require the expertise of a seasoned team of attorneys. Our Detroit condo lawyers dedicate their careers to helping condo associations navigate the Michigan Condominium Act. Below are a few of the areas for which we provide legal services.
Detroit homeowners associations heavily depend on collecting HOA dues from property owners to afford essential services and operations. Whenever an owner neglects to pay an HOA assessment, the other owners are wrongfully forced to shoulder the HOA’s operating costs. At Hirzel Law, our Detroit condominium and HOA lawyers can help your HOA collect unpaid HOA dues in a straightforward and efficient manner.
When your Detroit homeowners associations needs legal counsel on HOA collection issues, our lawyers at Hirzel Law are here to help by:
- Drafting demand letters
- Recording HOA liens for unpaid HOA assessments
- Analyzing HOA Lien priority issues
- Foreclosing HOA Liens
- Filing lawsuits to obtain money judgments
- Collecting judgments
- Representing homeowners associations in bankruptcy or probate proceedings
Recovering HOA Attorney Fees & Costs
In most instances, the HOA can recover the HOA lawyer’s costs and fees incurred in pursuing collections. Bearing in mind that reasonable attorney’s fees and other charges are added onto the unpaid assessments that are to be reimbursed by the owner, Detroit homeowners association do not have a justification for neglecting to take legal action to collect delinquent HOA assessments.
Detroit condominium associations regularly enter into contractual agreements for services that are vital to running the condo association. These often include matters pertaining to:
- Cable and internet service
- Modification agreement
- Professional property management
Remember that most HOA contracts should be written and major contracts should be reviewed by an experienced HOA lawyer to safeguard the condo association’s interests. When you hire Hirzel Law, our attorneys will help resolve any issues should a vendor breach their contract with your homeowners association.
The condo and HOA lawyers at Hirzel Law regularly advocate for condo associations when the developer transfers control of the condominium association to the co-owners. Hirzel Law also represents condo associations in issues relating to successor developers when they take over for the original developer or otherwise attempt to re-develop an incomplete condo project.
Our Detroit condo lawyers assist condo associations with various issues involving developers and successor developers, including:
- Calling the first annual meeting to elect co-owner directors
- Construction defect litigation
- Contract review
- Financial audits and reviews
- Failing to pay assessments and proportionate share of expenses
- Fraud and misrepresentation claims
- Illegal contraction of a condominium
- Unlawful expansion of a condominium
- Elimination of “need not be built” units under MCL 559.167
- Recreational facilities
- Reserve funding
- Warranty claims
Detroit Condo Association Elections & Meetings
Elections and meetings are essential in a well-managed condominium association. The condo and HOA lawyers at Hirzel Law are familiar with the appropriate procedures connected with managing board meetings, annual meetings, and special meetings. We regularly attend condo association meetings, and our proficiency ranges from topic-specific presentations to running the entirety of the meeting.
We represent our condo association clients facing the following matters regarding meetings:
- Obtaining Co-Owner Consent to electronic notice
- Counting ballots
- Officer qualifications
- Drafting meeting notices
- Drafting proxies
- Director qualifications
- Electing directors
- Establishing quorum
- Meeting minutes
- Mortgagee voting
- Designation of voting representatives
- Remote participation
- Robert’s Rules of Order
- Voter eligibility
- Voting outside of a meeting
HOA Insurance Coverage
Detroit condominium associations have numerous insurance policies that generally cover:
- General liability
- Workers’ compensation
- Crime or Fidelity bond coverage
- Directors’ and officers’ insurance
It is not unusual for insurance providers to deny claims or dispute whether claims are covered under an HOA insurance policy. Equally, if the condominium bylaws are unclear, disputes can occur between the HOA’s insurance carrier and the insurance carrier for a co-owner that provides an HO-6 policy.
The Detroit condo lawyers at Hirzel Law have led many condo associations through the insurance claims process. Whether that involves filing actions for declaratory relief or breach of contract when insurance claims have been unjustly denied, we stand by our HOA clients every step of the way.
HOA Opinion Letters
Condominium associations often need legal counsel to interpret the master deed, condo bylaws, state law, or federal law. The condo and HOA attorneys at Hirzel Law frequently provide opinion letters to condo associations relating to the following issues:
- Amending condo documents
- Board authority
- Bylaw enforcement
- Co-owner liability
- Developer liability
- Fair Housing Act compliance
- Insurance claims
- Maintenance responsibilities
- Michigan Condominium Act compliance
- Nonprofit Corporation Act compliance
- OTARD/FCC antenna rules
- Voting requirements
Condo Association Rules and Regulations
Condo associations in Detroit are allowed to implement reasonable HOA rules to implement the condo bylaws. In most instances, the board of directors can adopt HOA rules and regulations without the co-owners’ vote. Standard regulations that Hirzel Law drafts for condo associations include:
- Architectural control procedures
- Bylaw enforcement policies
- Board of directors codes of conduct
- Clubhouse rules
- Collection policies
- Fair Housing Act accommodation policies
- Fine procedures
- Maintenance matrixes
- Modification request procedures
- Parking rules
- Pet policies
- Pool rules
- Recreational facilities usage policies
- Satellite dish/antenna rules
Consider a Premium Service Plan for Detroit HOA & Condo Associations
Many of our condominium and homeowners association clients require our services throughout the year. With that in mind, our firm offers a Premium Service Plan for Detroit condominium associations and homeowners associations to provide additional resources for our clients to properly operate their community associations. Our Premium Service Plan includes the following benefits for an annual fee:
- Preparation of a Condominium or HOA Report Card to evaluate your governing documents
- Attendance at one board meeting a year, upon request of the board
- Review of any HOA Board Meeting minutes
- Access to our Online library of standardized condo and HOA forms
- Access to our Online collection portal to view the current status of your HOA collections
- Attendance for all board members to ask general questions on our monthly Hirzel Hotline calls
- Attendance for all board members at Hirzel Law webinars that are presented throughout the year
- Hirzel Law will serve as the Resident agent for the condo or HOA, upon request of the board
Reach Out to an Experienced Condominium & HOA Attorney in Detroit Today
At Hirzel Law, PLC, we understand the difficulties that condominium and homeowners associations face when confronted with complicated HOA legal matters. We highly recommended that your condo or HOA hire an experienced HOA lawyer to serve as general counsel to guide your HOA and resolve problems as they arise.
We can help condo associations and HOA boards make sense of Michigan and federal law. Our ability to stay on the edge of community association and real estate law has earned our firm numerous awards from Best Lawyers, the Community Association Institute’s College of Community Association Lawyers, Leading Lawyers, Michigan Top Lawyers, and Super Lawyers. Our Michigan HOA lawyers are known for client education and highly responsive customer service.
Let the award-winning condo attorneys at Hirzel Law resolve your complex issues. Speak with an experienced Detroit condominium and HOA attorney about your situation today by completing a contact form or calling 248-986-2290.