Author Archives: Kevin Hirzel

Want to learn more about Michigan Condo and HOA Law? Attend one of Kevin Hirzel’s upcoming seminars

Whether you are a seasoned condominium board member or new condominium board member, Kevin Hirzel’s seminars will have something for you.  The seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law. Michigan Association of Condominium Associations – Western Michigan Fall Conference Date:         9/9/17 Time:        9:15am – 11:30am

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MCL 559.147: How to handle unauthorized co-owner modifications to the common elements

Michigan condominium associations are often forced to deal with co-owners who are unfamiliar with condominium living, or in some instances, are not even aware that they live in a condominium that is governed by a master deed, bylaws or rules in regulations. As a result, it is not uncommon for a co-owner to unilaterally make modifications to the general common elements

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Court rules that Michigan HOA cannot collect assessments after restrictive covenant expires

In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant expired. In Deghetto, the plaintiffs were the owners of multiple lots in six separate subdivisions in Highland Township, Michigan

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Electric Vehicle Charging Stations: Keep your Condominium Association current!

Electric vehicles are increasing in popularity throughout the United States and create unique challenges for Michigan condominium associations, especially those that were created before electric vehicles were even contemplated. Experts project that by 2040, at least thirty-five percent of all new cars will have a plug. Accordingly, condominium associations will be forced to deal with issues relating to the charging

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Kevin Hirzel interviewed on the HOA News Forum Podcast on May 30, 2017

It was great to be a guest on the HOA News Forum Podcast on May 30, 2017!  A link to the podcast can be found here.  Topics that were discussed are as follows: 1. What are the most common disputes in condominium and homeowners associations? Unauthorized Modifications to the Common Elements Sensory Offenses – Smells and Noises Common Element Repair

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MCL 559.139: Transferring limited common element parking spaces in Michigan Condominiums

In densely populated urban areas in Michigan, it is not uncommon for a co-owner to sell another co-owner a parking space at a premium when parking space is limited.  However, condominium associations and co-owners often confuse the process of selling units with the process of selling a limited common element parking space.  In determining the proper procedure for selling a

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HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits

On March 30, 2017, Representative Klint Kesto introduced House Bill 4446, which would modify the Michigan Condominium Act, MCL 559.101, et. seq. House Bill 4446 (2017) would amend MCL 559.160, MCL 559.207 and MCL 559.215 as follows: Sec. 60. (1) Actions on behalf of and against the co-owners shall be brought in the name of the association of co-owners. The association

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