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Michigan Condo Lawyers
Michigan Condo & HOA Law News
MCL 559.152: WHEN DO THE CO-OWNERS ELECT DIRECTORS AFTER DEVELOPER CONTROL?
Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control. In many condominium associations, it is not uncommon for a developer to attempt to retain control of...
KEVIN HIRZEL’S ARTICLE IN THE WASHINGTON POST : KNOW WHICH CORONAVIRUS-RELATED RISKS ARE COVERED BY YOUR ASSOCIATION’S INSURANCE
As governors around the country ease stay-at-home restrictions, community association boards are forced to make difficult decisions regarding opening common areas, where once ordinary activities such as going to the gym or swimming pool or throwing a party are now...
THE IMPACT OF COVID-19 ON COMMERCIAL REAL ESTATE
The Coronavirus and the State of Emergency On March 10, 2020, the Michigan Department of Health and Human Services identified the first two presumptive cases of coronavirus, also known as COVID-19, in the State of Michigan. On March 16, 2020 Governor Whitmer...
COMMUNITY ASSOCIATION SERVICE CONTRACTS AND COVID-19
Community associations just wrapped up soliciting, reviewing, negotiating and executing contracts with vendors for a multitude of services to be performed throughout this upcoming year, including landscaping, infrastructure maintenance, repairs and new construction,...
CHECKING THE LIST TWICE: BUYING A CONDOMINIUM UNIT IN MICHIGAN DURING THE COVID-19 PANDEMIC
Buying a new home can be a stressful, frustrating experience – buying a home during the COVID-19 pandemic may be even worse. By the time you have found the perfect home, you may just want to sign all the papers put in front of you; however, whether buying a...
“TOO GOOD TO BE TRUE” CHANGES TO THE SBA ECONOMIC INJURY DISASTER LOAN ADVANCE GRANT
The full economic impact of COVID-19 and its related “stay at home” orders cannot be measured right now. Anecdotal evidence suggests that widespread delinquencies and defaults have begun. Condominium and homeowner associations are not immune and can rightly expect...
QUIT PUTTERING AROUND – SLOW PROPERTY OWNER LOSES LAND TO JACK NICKLAUS SIGNATURE CHAMPIONSHIP GOLF COURSE
Introduction On March 17, 2020, the Michigan Court of Appeals approved for publication its December 19, 2019 opinion in New Products Corporation v Harbor Shores BHBT Land Development, LLC, __ Mich App __; __ NW2d __ (2019) (Docket No. 344211), holding that a property...
On the Waterfront: Fighting Lakefront Erosion Through Easement Maintenance
On February 12, 2020, the Ottawa County Circuit Court issued a decision in the consolidated cases Duke, et al v Wittenbach, et al, Case No 19-5989-CH and Wittenbach v Duke, et al, Case No 19-5995-CH. The Duke cases are interesting because at first glance they appear...
LOCKED OUT? THE COURT OF APPEALS DECIDES WHETHER AN UNLOCKED GATE CAN BE INSTALLED WITHIN AN EASEMENT
Introduction On January 28, 2020, the Michigan Court of Appeals issued a published opinion in Smith v Straughn, __ Mich App __; __ NW2d __ (2020) (Docket No. 345391), holding that a landowner can install a gate across an easement so long as the gate is not erected...
Kevin Hirzel elected to the Community Associations Institute’s Board of Trustees
Kevin Hirzel, the Managing Member of Hirzel Law, PLC, was elected to a two (2) year term on the Community Associations Institute (“CAI”) Board of Trustees that commences on January 1, 2020. CAI is governed by a 15-member Board of Trustees that is selected from its...
RESOLVING SATELLITE DISH LOCATION DISPUTES: SASTIN 2, LLC V HEMINGWAY ASSOCIATION, INC
Homeowner associations often seek to exercise architectural control over exterior structures within their communities which impact community aesthetics. For some issues, however, an association’s concern over the form of a structure potentially impacts its function...
THE EVOLVING LANDSCAPE OF SEX DISCRIMINATION IN HOUSING
Aimee Stephens worked as a funeral director for R.G. and G.R. Harris Funeral Home in Garden City, Michigan for several years. Throughout that time, she struggled with her gender identity and, in 2013, she began dressing as a woman at work. The funeral home’s dress...
CHECK OUT HIRZEL LAW’S HOA TIP OF THE DAY ON WWJ 950 NEWS RADIO
Be sure to check out Hirzel Law’s HOA Tip of the day on WWJ 950 News Radio on weekdays during the 5:00 – 6:00 P.M. news hour. The HOA Tips of the Day will start on September 9, 2019 and are currently scheduled to run between between 5:45 – 6:00 P.M. for the week of...
2019 SUPER LAWYERS RISING STARS AWARD RECIPIENTS JOHN CALVIN , BRANDAN HALLAQ, KEVIN HIRZEL AND JOE WLOSZEK
Congratulations to John Calvin, Brandan Hallaq, Kevin Hirzel and Joe Wloszek of Hirzel Law, PLC on being selected as Super Lawyers “Rising Stars” for 2019. Being named a “Rising Star” is a significant honor as no more than 2.5 percent of attorneys in the state are...
2019 LAW SEMINAR BEST MANUSCRIPT AWARD RECIPIENT KEVIN HIRZEL
Each year the CAI Law Seminar Planning Committee reviews over 50 presentations and topic submissions focused solely on community association law from over 100 potential presenters to determine the breakout sessions for the following year’s event. Only one-third of the...
VACATING A ROAD OR ALLEY UNDER THE LAND DIVISION ACT
In Michigan, a significant portion of commercial and residential real estate development occurs through the creation of either subdivisions or condominiums. Typically, an owner of a large parcel of land will establish a condominium or subdivision as a means of...
Congratulations to Kevin Hirzel and Matthew Heron on being appointed to CAI National Committees
Kevin Hirzel will honorably be starting his 2 year term on the CAI National Government & Public Affairs committee beginning January 1, 2019. He is proud to be a part of this great organization. CAI advances excellence in public policy through advocacy before...
Hirzel Law Seminar #1- So you joined a community association board, now what?
This Seminar is hosted by Hirzel Law, PLC and will be held in the new Hirzel Law, PLC Learning Center that is part of our office expansion. The Seminar is free for clients of Hirzel Law, PLC and $25/attendee for all other attendees. Non-clients must pay at the time of...
Amending Deed Restrictions: Giving Meaning to Successive Terms without Ignoring Declarant Intent
Introduction Restrictive covenants in Michigan are valuable property rights and have been effectively used to assist in the orderly development of Michigan communities. The rights contained in restrictive covenants are used by developers to implement their community...
Kevin Hirzel testifies in support of amendment to the Michigan Summer Resort Act
On January 31, 2018, Rep. Larry Inman introduced HB 5508, which would permit a Michigan Summer Resort Association that was organized under the Summer Resort and Park Associations Act, 1897 PA 230 to convert to a Michigan Nonprofit Corporation. On May 2, 2018, Kevin...
Kevin Hirzel Appointed as Co-Chair of the Condominium, PUD and Co-Op Committee for the State Bar of Michigan’s Real Property Law Section
The State Bar of Michigan's Real Property Law Section recently appointed Kevin M. Hirzel, Esq. as Co-Chair of the Special Committee for Condominiums, PUDs, & Cooperatives. The Real Property Law Section is tasked with 1) studying and reporting on proposed and...
Major Revisions to the Michigan Nonprofit Corporation Act: Why Michigan Condominium Associations Should Take Note
https://hirzellaw.com/articles/major-revisions-to-the-michigan-nonprofit-corporation-act/Major Revisions to the Michigan Nonprofit Corporation Act: Why Michigan Condominium Associations Should Take Note
Does the Board of Directors of a Michigan Condominium Association or HOA have a duty to enforce the Master Deed, Bylaws or other restrictive covenants as written?
In Michigan, the terms of a master deed, bylaws or other restrictive covenants are contractual in nature. See Rossow v. Brentwood Farms Dev, Inc, 251 Mich App 652, 658, 651 NW2d 458 (2002). The Michigan Courts have generally held that a master deed, bylaws or other...