March 18, 2025
Disputes over whether exotic animals, such as chickens, can constitute pets under restrictive covenants are becoming increasingly common. In Nemeth v DiGirolamo, unpublished opinion of the Court of Appeals, issued March 12, 2025 (Docket No. 366595), 2025 WL 796149, the Michigan Court of Appeals considered whether four cows and a ram constituted “pets” under the deed restrictions. The case also…
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February 20, 2025
Failing to enforce the condominium bylaws promptly and consistently can negatively affect condominium associations. In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of timely and consistent bylaw enforcement. Specifically, the Michigan Court of Appeals held laches, which is best…
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June 11, 2024
Enforcing condominium bylaws is essential for maintaining the harmony and integrity of a community. At Hirzel Law, we understand the complexities involved in this process and offer a straightforward four-step approach to ensure compliance and resolve conflicts effectively. Here’s a detailed guide on how to enforce condominium bylaws, incorporating our expert process: Step 1: Identify and Document the Violation The…
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April 24, 2024
When it comes to maintaining the aesthetic and functional integrity of shared properties, understanding the landscaping architectural requirements is crucial for co-owners. Whether you are part of a homeowners association (HOA), a condominium association, or any other type of residential community, staying informed about these regulations can help you avoid legal pitfalls and ensure your property remains beautiful and compliant.…
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February 8, 2024
Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years. Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible. This was largely based on a New Jersy case, Mulligan v. Panther Valley Property…
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November 29, 2023
In Michigan, the responsibility for attorney fees and costs in litigation typically lies with the parties involved. Following the ‘American rule,’ attorney fees are not recoverable unless expressly allowed by statute, court rule, common-law exception, or contract. Dessart v. Burak, 470 Mich. 37, 42, 678 N.W.2d 615 (2004); Grace v. Grace, 253 Mich.App. 357, 370–371, 655 N.W.2d 595 (2002),” Reed…
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