The Michigan Community Association Law Blog

Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

Posted on April 16, 2019 by Kevin Hirzel

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit. The court further held that the condominium bylaws were enforceable

HOA violates the Fair Housing Act by denying a service animal in the clubhouse

Posted on April 4, 2019 by Kevin Hirzel

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association. Based upon the facts of the case, the court determined that the homeowners association

Kevin Hirzel named as a 2019 Leading Lawyer in Michigan by Leading Lawyers Magazine

Posted on March 14, 2019 by Fallon O'Guinn

Kevin Hirzel has been named as a Leading Lawyer in real estate law for the second year in a row by Leading Lawyer’s Magazine. Leading Lawyers have been recommended by their peers to be among the TOP LAWYERS in their areas of practice. Less than 5% of all lawyers licensed in each state have received the distinction of Leading Lawyer.

Avoiding Religious Discrimination Claims in Condominiums and HOA’s

Posted on March 5, 2019 by Kevin Hirzel

Overview of Religious Discrimination under the Fair Housing Act The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs. 42 U.S.C. §3604 provides in pertinent part: As made applicable by section 3603 of this title and except as exempted

Congratulations to Kevin Hirzel and Matthew Heron on being appointed to CAI National Committees

Posted on February 28, 2019 by Fallon O'Guinn

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 legislative bodies, regulatory bodies and the courts by availing an extensive network of state legislative action committees,

Hirzel Law Seminar #1- So you joined a community association board, now what?

Posted on February 27, 2019 by Fallon O'Guinn

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 the seminar. This seminar will discuss the best practices for

MCL 559.201 AND MICH ADMIN R 559.511: IS YOUR RESERVE FUND UNDERFUNDED?

Posted on February 15, 2019 by Administrator

Introduction In Michigan, the laws related to the governance of the formation and operation of condominium projects are found in the Michigan Condominium Act (the “Act”), MCL 559.101, et seq. MCL 559.205 of the Act requires a condominium association to maintain a “reserve fund,” to be set aside for major repair and replacement of the common elements. MCL 559.205 provides:

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