Proposed Amendment to the Michigan Condominium Act: House Bill 5980 (2016) would require mediation of disputes prior to initiating litigation under MCL 559.154


Michigan House Bill 5980 was introduced on October 19, 2016. House Bill 5980 would amend MCL 559.154, Section 54 of the Michigan Condominium Act, and require that all disputes between co-owners and/or the Association, including those that involve the interpretation of the condominium documents, be submitted to mediation prior to any party commencing a lawsuit, unless the dispute is submitted

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Can Clearly Unenforceable Deed Restrictions Create Potential Liability for your Association?


Earlier this year, Channel 7 WXYZ did an exposé on a Bloomfield Township homeowners association called Wing Lake Farms, which had a 1948 deed restriction that states: Second: That no lot, or any part thereof, shall be sold, conveyed, rented, leased or loaned by either party hereto to any person not of the pure, unmixed, white, Caucasian Gentile Race, nor

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The Michigan Condominium Act: Time for a Change


The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that

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What every Condominium Association needs to know about Parking Restrictions


The enforcement of parking restrictions is one of the most common problems that condominium associations and property managers are forced to deal with. Parking spaces are often at a premium in densely packed urban areas and issues arise when co-owners fail to park in their designated areas. In contrast, suburban site condominiums with single family homes often face issues related

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Browning-Ferris Industries of California (#32-RC-109684): Fundamentally Altering the Employee / Employer Relationship between Community Associations and their Management Companies and Independent Contractors


Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees and who would be considered the employer of those employees.  However, a 2015 ruling by the National Labor Relations Board (“NLRB”) has placed that understanding in a state of flux.   The new standard employed by the NLRB may now find

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Interested in learning more about Michigan Condo and HOA Law? Attend one of Kevin Hirzel’s upcoming seminars


It is back to school season and fall is a perfect time for condominium board members to educate themselves on Michigan Condominium and HOA Law. Whether you are a seasoned condominium board member or new condominium board member, Kevin Hirzel’s seminars will have something for you.  The seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments

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Factors to Consider in Maintaining and Maximizing the Value of Your Condominium


Introduction             Developers in the City of Detroit recently announced a plan to open an eleven (11) story 83 unit luxury condominium complex in Detroit known as The Ashton Detroit.  Construction is expected to start in 2017 and it is to be ready for occupancy by 2018.  The $35 million project is significant because it is the first free-standing condominium

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