2016

Construction March 1, 2016

Michigan Court of Appeals Rules that HOA Developer is Subject to the Michigan Consumer Protection Act

In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from compliance with the Michigan Consumer Protection Act, MCL 445.901 et seq.  The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically authorized to build homes under…
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Uncategorized February 23, 2016

Kevin Hirzel to Present at Michigan CAI Annual Conference and Expo – March 4, 2016

In early 2015, the Michigan Legislature made significant changes to the Michigan Nonprofit Corporation Act, MCL 450.2101, et seq.  On March 4, 2016, Kevin M. Hirzel, Esq., Chairman of the Legislative Action Committee for CAI’s Michigan Chapter, will present on how the changes to the Act impact community associations in Michigan. Mr. Hirzel’s presentation will take place between 11:15 A.M. to 12:00…
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Deed Restrictions February 19, 2016

Michigan Court of Appeals Rules that Amendments to HOA Restrictions Require Unanimous Consent

The Michigan Court of Appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): The absence of an amendment provision in the original declaration of restrictions for a subdivision precluded a HOA from later amending its declaration with less than unanimous consent…
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Animals February 15, 2016

Legal Update: Recent Statutory Changes Impacting Service Animals in Michigan

(The image on this post was linked from http://www.pawsitivityservicedogs.com) On October 20, 2015, Governor Rick Snyder signed into law Senate Bills 298 and 299 and House Bills 4521 and 4527, which became effective January 18, 2016. The Bills updated rules on the use of service animals in places of public accommodation, as well as, the identification and licensing of service animals…
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HOA Bylaws February 2, 2016

Expressing Opposing Views in a Condominium: Does Your Condominium Have the Right to Silence Free Speech?

Introduction Another election year is upon us, and with that comes the realization that neighbors in your condominium may not hold your political and ideological views. With this realization also comes the belief that, regardless of your own political views, those neighbors with views contrary to your own appear to be the most vocal. Most co-owners believe that the right…
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Community Association Governance & Meetings January 26, 2016

The Difference Between an Officer and a Director: Selection, Removal and Eligibility Restrictions

In most Michigan condominium associations, the same individuals serve as both directors and officers of the nonprofit corporation in charge of the condominium.  Often times, there is confusion or misunderstanding about the difference between a “director” and an “officer.”  Thus, co-owners routinely ask our office to explain the difference and why the Condominium Bylaws[1] differentiate between directors and officers.  The…
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