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.

Document Amendments• January 2, 2021

HB 5611: Michigan Extends Deadline to Preserve Covenants Under the Marketable Record Title Act

The Michigan legislature amended the Marketable Record Title Act, MCL 565.101, et seq, on December 31, 2018, which had the potential to automatically eliminate certain types of restrictive covenants.

Community Association Governance & Meetings• December 1, 2020

Condo Board Members Protected by Qualified Privilege in Co-Owner’s Defamation Claim

In Square Lake Hills Assn v Garland, unpublished opinion of the Court of Appeals, Docket No. 350403, issued November, 12, 2020, the Michigan Court of Appeals upheld a ruling of the Oakland County Circuit Court that dismissed a defamation claim brought by a co-owner against a condominium association,individual board members and the management company on the basis that the allegedly…

Fair Housing• November 2, 2020

Michigan Condominium Association Found Not Liable for Violating the Fair Housing Act and PWDCRA in Request for Handrail

A condominium association’s requests for additional information, when a co-owner fails to provide medical documentation to demonstrate their disability, will not be considered a denial of a request for a reasonable accommodation under the Fair Housing Act.

Condo & HOA Legislation• October 23, 2020

Michigan Provides Immunity Defense to Community Associations for COVID-19 Lawsuits

On October 22, 2020, Governor Whitmer signed HB 6030, which was given immediate effect via 2020 PA 236. 2020 PA 236 will provide Michigan condominium and homeowners associations with an immunity defense if a co-owner, tenant or invitee files a civil lawsuit, alleging a tort claim that arises out of COVID-19.

Community Association Governance & Meetings• October 5, 2020

Michigan Supreme Court Invalidates Governor’s Emergency Powers: What Does it Mean for Community Associations?

Given that a new framework, based upon rules imposed by different state agencies, counties and municipalities, will replace the governor’s executive orders, community associations should contact their attorney to review and update any rules that were based on the governor’s executive orders to ensure that the most current legal requirements are being followed.

Michigan Condo & HOA Case Law• September 1, 2020

Michigan Court Upholds HOA Ban on Short-Term Rentals Under Residential Use Covenants

Homeowner associations that have residential use restrictions should ensure that such restrictions are properly enforced as short-term rentals via online platforms continue to grow in popularity.

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