One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents. The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act.” In most cases, the condominium bylaws will also contain a provision that mirrors MCL 559.165 and requires compliance with governing documents. However, it is not uncommon for co-owners to violate the condominium bylaws, either due to ignorance, misinterpretation of the condominium documents or willful noncompliance. Accordingly, at some point in time, the board of directors is likely going to be required to take action to enforce the condominium bylaws.
The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants.
Introduction
Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects.
Pursuant to Section 53 of the Michigan Condominium Act, MCL 559.153, the administration of a condominium project must be governed by condominium bylaws that must be recorded as part of the master deed.
Can you engage in short-term rentals? Can Condos and
On May 22, 2020, Governor Whitmer signed Executive Order 2020-100
Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Charles E. Phyle Restated Revocable Trust In Charles E Phyle Restated Revocable Trust v Scheppe Investments, et. al., unpublished opinion of the
Joe Wloszek of Hirzel Law, PLC represented Parkview at Orion Commons Condominium Association.
In Parkview at Orion Commons Condominium Association v Rouhan, the Oakland Circuit Court held that a dog who bit a neighboring co-owner is a dangerous animal that must be removed from the condominium premises.
Conflict is inevitable when co-owners live in close proximity in
If your Condo or HOA has a fitness center, gym,
In Residents of Fresh Air Park Sub v Pointe Rosa Homeowners Assoc, unpublished per curiam opinion of the Court of Appeals, issued September 22, 2021 (Docket No. 355011), the Michigan Court of Appeals dealt with
It is not uncommon for condominiums and homeowners associations that
Kevin Hirzel, Kayleigh Long and Joe Wloszek of
In Cherry Home Association v. Keith Barker, et. al., unpublished opinion of the Court of Appeals, issued October 21, 2021 (Docket No. 354841), the Michigan Court of Appeals upheld the Leelanau County Circuit Court’s ruling that
Introduction
Residential community developments in Michigan often use the rights of use afforded by recorded easements in order to permit the development of communities with multiple underlying individual residential projects.
Kevin Hirzel, Kayleigh Long and Michael McCulloch of Hirzel Law,
Can you engage in short-term rentals? Can Condos and
Michigan condominium associations and homeowners associations have been struggling with decisions to open swimming pools and other recreational facilities all summer. Many community associations have kept facilities closed for safety and liability reasons. On September 3,
As governors around the country ease stay-at-home restrictions, community association
If your Condo or HOA has a fitness center, gym,
Can you engage in short-term rentals? Can Condos and
In Residents of Fresh Air Park Sub v Pointe Rosa Homeowners Assoc, unpublished per
The Surfside condominium collapse was devastating for the condominium community and served as a wakeup
In Deep Harbor Condo Ass’n v Marine Adventure, LLC, unpublished opinion of the Court of
Most condominium bylaws will contain some form of restrictions on animals. Enacting animal restrictions is
It is not uncommon for condominiums and homeowners associations that are located within close proximity
In Cherry Home Association v. Keith Barker, et. al., unpublished opinion of the Court of
Before jumping into how to collect delinquent carrying charges, lets first discuss what housing cooperatives
Michigan condominium and homeowners Associations are organized under the Michigan Nonprofit Corporation Act, MCL 450.2101,
In Batth Investments, LLC v Miciura, unpublished per curiam opinion of the Court of Appeals,
What you Need to Know about Percentage of Value in a Michigan Condominium The Master Deed
This case has been overruled by the Michigan Supreme Court, click here to read the
A published 2020 case from Michigan Court of Appeals makes it clear that a garnishee
Michigan condominium and homeowners Associations are organized under the Michigan Nonprofit Corporation Act, MCL 450.2101,
As governors around the country ease stay-at-home restrictions, community association boards are forced to make
The Michigan Step Forward Program provides governmental assistance to Michigan residents, based upon financial need,
On March 10, 2020, Governor Gretchen Whitmer signed Executive Order 2020-4 and declared a State
Hirzel Law, PLC is pleased to announce that it is opening a second office in
In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017),
Kevin Hirzel and Brandan Hallaq of Hirzel Law, PLC represented the Channel View East Condominium
Introduction In Michigan, the laws related to the governance of the formation and operation of condominium projects are
