Michigan Condo & HOA Case Law November 7, 2018

Michigan Court of Appeals Rules in Favor of Township in Zoning Ordinance Dispute Over Short-Term Rentals

On October 25, 2018, the Michigan Court of Appeals issued an unpublished opinion in the matter of Concerned Property Owners of Garfield Township, Inc v Charter Township of Garfield, unpublished per curiam opinion of the Court of Appeals, issued October 25, 2018 (Docket No. 342831). The Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals of…
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Maintenance Repairs & Common Elements October 29, 2018

MCL 559.234 and Mich Admin R 559.111: Know the Rules Related to Shared Recreational Facilities in Condominiums

Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium.  Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums.  Many recreational facilities are common elements that are located within a…
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Construction Defects & Developer Turnover August 20, 2018

How to Avoid Construction Liens in Michigan Condominium Projects

Condominium associations hire contractors for capital improvements, repairs and for restoration work to the general and limited common elements, if appropriate. When a condominium association hires a contractor to provide labor, services or materials to the condominium and then fails to make payment for any reason, the contractor may record a construction lien against the condominium unit(s) in the condominium…
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Condo & HOA Collections August 1, 2018

MI Court Rules that MCL 559.208 Does Not Protect a Condominium Association’s Lien Priority after Taking a Deed in Lieu of Foreclosure

In Stonehenge Condominium Association v Bank of New York Mellon Trust Company, NA, unpublished opinion of the Court of Appeals, issued July 24, 2018 (Docket No. 339106), the Michigan Court of Appeals held that a condominium association’s lien priority over a second mortgage was extinguished when the association received a deed to the condominium unit from the co-owner instead of…
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Firm News July 19, 2018

Hirzel Law on Fox 2 News Involving Controversial Westland Boundary Dispute

Hirzel Law, PLC has been hired to resolve a boundary dispute between the owners of lots in a platted subdivision and the developer of a proposed 88 unit site condominium in Westland, Michigan.  The attorneys at Hirzel Law, PLC have had previous success in representing clients on issues related to adverse possession and acquiescence.  The proposed development is on the…
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