Articles published by:

Kevin Hirzel

Condo & HOA Collections July 21, 2016

MI Court of Appeals Rules that Treasurer Cannot Foreclose on Common Elements

The Michigan Court of Appeals concluded that the trial court correctly set aside the judgment of foreclosure as it was void as a matter of law.  Specifically, the judgment could not have prospective application as it attempted to divide the limited common element garages from the units, which was not allowed pursuant to MCL 559.137(5).  Accordingly, Michigan condominium associations should…
Read More →
Technology & Security July 19, 2016

Pokémon Go: What Does Your Condo or HOA Need to Know?

Pokémon Go is different than many mobile games as it allows players to capture, battle and train virtual creatures called "Pokémon" who appear on mobile device screens as though they existed in the real world. Pokémon Go makes use of the GPS and camera in a mobile device and requires players to travel to various locations, which may include homes…
Read More →
Rental & Leasing Restrictions June 9, 2016

Allegan County Trial Court Rules that Short-Term Vacation Rentals Violate Deed Restrictions

Technological advancements have increased the ability of individuals to do short-term leasing, as opposed to the traditional long term, six month or greater, leasing arrangement, in particular looking at the new phenomenon of Airbnb.  Websites such as Airbnb, VRBO and Homeaway are often used by short-term lessors and lessees alike to both list and locate short-term rentals. The blog article…
Read More →
Community Association Governance & Meetings May 26, 2016

Michigan Court of Appeals Rules that Unincorporated HOA May Govern Under Declaration

In Suttons Bay Yacht Village Condominium Association, et. al. v Board of Representatives of Port Sutton Community, et. al., Docket No. 325327 (May 19, 2016) (Unpublished Opinion), the Michigan Court of Appeals held that an unincorporated voluntary association had the legal authority to administer a declaration as a master homeowners association.  In 1982, a declarant recorded a declaration of covenant,…
Read More →
1 20 21 22 23 24 28