Articles published by:

Kevin Hirzel

Construction Defects & Developer Turnover May 5, 2016

Court Holds Michigan Condo Developer Liable for Changing Sale Price of Unit

In Gordon v Cornerstone RG, LLC, No. 324909, 2016 WL 902195 (Mich Ct App March 8, 2016) (unpublished opinion), the Michigan Court of Appeals confirmed an arbitration award in favor of Robert and Debbie Gordon against the developers of the Villas of Hidden Lakes Condominium.  The Gordons entered into an agreement in which they paid a $1000 deposit to the…
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Firm News April 27, 2016

Kevin Hirzel to Serve on Host Committee to Re-Elect Justice David Viviano and Justice Joan Larsen

I am honored to serve on the host committee to re-elect Justice David Vivano and Justice Joan Larsen to the Michigan Supreme Court.  They have served the State of Michigan well and are model examples of jurists.  A kickoff event will be held to support their re-election campaign on Thursday, May 5, 2016, at Antonio Cucina Italiana, 2220 North Canton Road, Canton, Michigan,…
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Construction Defects & Developer Turnover March 29, 2016

Was Your Condominium Properly Expanded Under the Michigan Condominium Act?

In Michigan, when a developer creates a condominium, the developer is required to record a master deed. Pursuant to MCL 559.108, the master deed and condominium subdivision plan must identify the total number of units in the project and assign a percentage of value to each unit.  However, the initial configuration of the condominium is not set in stone.  MCL…
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Condo & HOA Collections March 21, 2016

A Co-owner Filed Bankruptcy, What Now?

Condominium associations are solely dependent upon the collection of assessments from their members for their survival and to purchase and provide the goods and services necessary for the maintenance of the project for the benefit of its members.  Thus, when a Co-owner files for bankruptcy, there is an understandable feeling that all is lost.  However, that is not always the…
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Construction Defects & Developer Turnover 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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