WXYZ Detroit interviews Kevin Hirzel on the the debate over HOA’s

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the debate over HOA’s.  The interview discusses the pros and cons of Homeowner’s Associations, what you need to know before entering into binding agreements with your association and how your day to day living will be impacted by that associations “rules and regulations”.  This interview also discusses how entering into binding

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Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs

In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner could not erect a fence in order to keep her emotional support and service dogs in

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MCL 559.148: How to relocate unit boundaries under the Michigan Condominium Act

Michigan condominium associations and co-owners should be aware that the boundaries of condominium units are not necessarily fixed and may be changed provided that certain requirements are satisfied under the Michigan Condominium Act, MCL 559.101, et seq.  By way of example, a single co-owner may purchase adjoining condominium units in a traditional attached condominium and desire to relocate the boundaries

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

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium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

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

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

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

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.

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Avoiding Religious Discrimination Claims in Condominiums and HOA’s

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

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