Articles published by:

Kevin Hirzel

HOA Bylaws• September 2, 2022

Condominium Documents That Require Co-Owners to Use a Developer’s Rental Management in Condo Hotel May Violate The Sherman Antitrust Act

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
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Bylaw & Covenant Enforcement• July 19, 2022

Are Your HOA’s Architectural Control Restrictions Specific Enough?

One of the many benefits of buying property in a homeowners association is that the homes are often more valuable than homes located in non-deed restricted communities.  Architectural control restrictions in restrictive covenants often play a significant role in increasing and maintaining property values in a homeowners association.  Many HOA bylaws contain architectural control restrictions that regulate the appearance of…
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Fair Housing• July 1, 2022

Fair Housing Act: Personal Grill in Condo Was Not a Reasonable Accommodation

The Fair Housing Amendments Act (FHAA) require condominium associations to make reasonable accommodations to disabled co-owners under certain circumstances.  However, condominium associations should keep in mind that co-owners are not entitled to every accommodation that is requested.  Rather, co-owners are only entitled to accommodations that are necessary to ameliorate the effects of a disability as was the case in Phillips…
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Uncategorized• June 6, 2022

Home Built in Violation of Restrictive Covenants Must Be Partially Demolished

Building a new home can be an exciting proposition, but it is important to review any declarations, deed restrictions, restrictive covenants, HOA Bylaws and HOA rules before having your plans drafted.  It is common for platted subdivisions with homeowners associations to have some form of building restrictions.  Common building restrictions in platted subdivisions often relate to items such as obtaining…
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Community Association Governance & Meetings• April 5, 2022

Does Your Condominium Association or HOA Need to Update its Articles of Incorporation?

In order to create a Michigan nonprofit corporation, such as a condominium or homeowners association, a developer is required to file the articles of incorporation with the Michigan Department of Licensing and Regulatory Affairs (“LARA”). Similar to other community association governing documents, such as declarations, HOA bylaws, or master deeds, changes in technology and the law, such as the 2015…
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