Brandan Hallaq, Author at The Michigan Community Association Law Blog

About the Author

Brandan Hallaq is a Member at Hirzel Law, PLC, where he leads the firm’s real estate transactions department and litigates matters involving construction defects, contract disputes, restrictive covenants, and real estate foreclosures. He is a licensed Michigan real estate broker and has been named a Super Lawyers Rising Star each year from 2018 through 2025, as well as a Best Lawyers “Ones to Watch” honoree for real estate law, real estate litigation, and construction law. Learn more on his full bio at hirzellaw.com.

Board of Directors• July 12, 2023

Plat Gave Easement Over Park, Not Fee Simple Rights to Owners in Subdivision

Ownership and use of common areas in platted subdivisions is one of the more complicated areas of real estate law and has been the subject of conflicting caselaw in the State of Michigan. In Otto v Batdorfer, unpublished per curiam opinion of the Court of Appeals, issued February 17, 2022 (Docket No. 355936), the Michigan Court of Appeals analyzed this…

Deed Restrictions• October 10, 2022

Michigan Court Rules Amendment of Restrictive Covenants is Based on Plain Language and Not Reasonableness

On July 14, 2022, the Michigan Court of Appeals issued a new opinion regarding how restrictive covenants can be terminated in Schwintek, Inc v High Top Buds, LLC, unpublished per curiam opinion of the Court of Appeals, issued July 14, 2022 (Docket No. 357152). In Schwintek, the Court of Appeals examined the process by which restrictive covenants which contain an…

Uncategorized• November 18, 2021

Splitting Real Estate Under The Michigan Land Division Act

The Michigan Land Division Act, MCL 560.101 et seq., which was enacted on January 1, 1968, sets forth the requirements for altering property boundaries in Michigan. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. This statute was originally referred to as the Subdivision Control Act, but the…

Board of Directors• December 4, 2020

Boundary Line Disputes and Automatic Easements Under the Michigan Condominium Act

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.

Condo & HOA Insurance• December 11, 2019

Who is Responsible for Carrying Insurance on a Condominium?

While owning real estate should be considered an investment, it should also be viewed as a risk. Aside from the risk.

Community Association Governance & Meetings• July 11, 2019

Are HOA or Condo Board Decisions Valid Without Annual Meetings in Michigan?

On July 2, 2019, the Michigan Court of Appeals issued an Opinion in Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149). The issue presented to the Court in Channel View was whether a condominium association’s board of directors had authority to take…

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