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 al., unpublished opinion
Joe Wloszek and Katherine Hopkins 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,
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 al., unpublished opinion
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.
Issues associated with short-term rentals are a major problem facing many Michigan homeowners associations. It is not uncommon for issues to arise between homeowners that use their property for short-term rental purposes and permanent residents.
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
On May 22, 2020, Governor Whitmer signed Executive Order 2020-100
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
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
The Surfside condominium collapse is one of the most unspeakable tragedies in condominium history. As
Over a year after it initially went under lockdown in response to the COVID-19 pandemic,
One of the most overlooked obligations of a condominium developer is the payment of proportionate
Kevin Hirzel, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the
While collecting delinquent condo dues is never really fun for a board of directors, it
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.
Issues associated with short-term rentals are a major problem facing many Michigan homeowners associations. It is not uncommon for issues to arise between homeowners that use their property for short-term rental purposes and permanent residents.
On February 11, 2021, the U.S. Department of Housing and Urban Development (“HUD”) published a memorandum that directed its Office of Fair Housing and Equal Opportunity (“FHEO”) to begin accepting and investigating Fair Housing Act claims that include allegations of discrimination because of an individual’s gender identity or sexual orientation.
Disputes between neighbors in a homeowners association inevitably arise. HOA board members often face difficult decisions in deciding whether to intervene in neighbor disputes that do not directly involve the HOA.
Introduction
In Vista Property Group, LLC v Schulte, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2020 (Docket No. 347471), the Michigan Court of Appeals vacated a no-cause judgment in favor of a condominium association and remanded the case back to the Kent County Circuit Court for entry of judgment in favor of an ousted property management company.
In today’s day and age, it is almost unheard of to own a parcel of real estate that is not encumbered by an easement. An easement is an interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose. For example, most parcels of real estate are encumbered with easements in favor of utility companies.
In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals, Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit Court that dismissed a defamation claim brought by a co-owner against a condominium association,
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
Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the
