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…
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Community Association Governance & Meetings June 1, 2016

Quorum Issues in Michigan Condominium Associations

Typically in the spring or fall, Michigan condominium associations hold annual meetings to elect directors, distribute financial statements to the Co-owners and otherwise provide an update to the membership regarding the status of the condominium.  All too often, the annual meeting is sparsely attended due to Co-owner apathy, which may result in your condominium failing to meet quorum requirements.  This article…
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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 al., Docket No. 325327 (May 19, 2016) (Unpublished Opinion), the Michigan Court of Appeals held that an unincorporated voluntary association had the legal authority to administer a declaration as a master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,…
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Firm News May 20, 2016

Kevin Hirzel receives an AV Rating from Martindale-Hubbell

I am honored to receive an AV Rating from Martindale-Hubbell based upon peer review.  The Martindale-Hubbell peer review ratings attest to a lawyer’s legal ability and professional ethics and reflects the confidential opinions of members of the Bar and Judiciary.  The AV Preeminent  rating is the highest peer rating standard. This rating signifies that the lawyer’s reviewed peers rank him or her…
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Community Association Governance & Meetings May 12, 2016

Is a Community Association’s Board of Directors Required to Make Board Meetings Open to Association Members?

The State of Michigan primarily has two so-called “Sunshine Laws”- the Open Meetings Act (“OMA”), MCL 15.261, et seq., and the Freedom of Information Act, MCL 15.231, et seq.  These two acts together help promote and create open government by making certain governmental meetings open to the public, and in allowing the public access to governmental documents and records.  In…
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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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