Kevin Hirzel, Author at The Michigan Community Association Law Blog

About the Author

Kevin Hirzel is the Managing Member of Hirzel Law, PLC, focusing his practice on condominium, homeowners association, and real estate law across Michigan and Illinois. A Fellow of the College of Community Association Lawyers — a distinction held by fewer than 200 attorneys nationwide — he has been recognized by Best Lawyers, Leading Lawyers, and Super Lawyers, and is the author of Hirzel’s Handbook on operating condos and HOAs in both Michigan and Illinois. Read more about Kevin’s practice on his full bio at hirzellaw.com.

HOA Bylaws• August 15, 2019

MCL 559.233: Eminent Domain Issues in Michigan Condominiums

Eminent domain, also known as condemnation, or simply, taking, is the long-established government practice of converting private property for public use..

Condominium Document Enforcement• August 1, 2019

Michigan Court of Appeals Rules that Co-Owner is Responsible for Pre-Existing Bylaw Violations After Purchasing Condominium Unit

In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of Appeals held that a co-owner was responsible for the pre-existing bylaw violations of a prior co-owner after purchasing a condominium unit.

Document Amendments• July 27, 2019

HB 4676: New Procedures for Removing Discriminatory Provisions from Covenants and Master Deeds

On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.

Animals• June 12, 2019

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In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its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…

Document Amendments• May 6, 2019

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…

Condominium Document Enforcement• April 16, 2019

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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