Category Archives: Board of Directors

COVID-19: How Should Condominium and Homeowners Associations Handle Coronavirus?

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On March 11, 2020, the World Health Organization declared the coronavirus outbreak (“COVID-19”) a pandemic. On March 12, 2020, Governor Whitmer ordered all K-12 schools closed through April 6, 2020 and numerous major sports events, concerts, plays and trade shows throughout Michigan have been postponed or cancelled altogether. As COVID-19 becomes more widespread, community associations are asking how this pandemic

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Common Contract Provisions with Contractors/Vendors in Michigan Condominium Associations and HOAs

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Each year, the Board of Directors for Michigan condominium and homeowners associations make a multitude of difficult decisions regarding what work needs to be done within the association, what vendors to hire to perform various tasks, and how long those contracts should exist. Examples of the common contracts that the Board of Directors may execute on a routine basis include:

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Legal Update: Slip and Fall on Condominium Premises

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Over the last four years, there have been numerous Michigan Court of Appeals decisions addressing slip and falls on the Condominium Premises. Given that Michigan’s weather is turning colder by the day, the risk of significant personal harm on slippery snow and ice only increases. As a continuation in this series regarding slip and falls on the Condominium Premises in

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Who is Responsible for Carrying Insurance on a Condominium?

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Introduction For many people, purchasing a home is the largest investment they will make in their lifetime. While owning real estate should be considered an investment, it should also be viewed as a risk. Aside from the risk that the property will decrease in value, every homeowner should consider the risk that the property could be destroyed, as well as

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US District Court Rules that Prior Recorded Condominium Lien takes Priority Over Federal Tax Lien to the Extent of the Amount Stated in the Lien Notice

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In Yarmouth Commons Ass’n v Norwood, et al., 299 F. Supp.3d 862 (E.D. Mich., 2017), the United States District Court for the Eastern District of Michigan held that a prior recorded condominium lien had priority over a federal tax lien but only to the extent of the amount stated in the lien notice. Facts The case involves a condominium unit

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HB 4676: New procedures for removing discriminatory provisions from covenants and master deeds

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On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.  42 U.S.C. § 3604 of the Federal Fair Housing Act makes it unlawful to: (c) To make, print, or publish, or cause to be made, printed,

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Michigan Court of Appeals rules that the failure to hold annual meetings does not deprive a nonprofit corporation’s board of directors of authority to act on behalf of the corporation

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Kevin Hirzel and Brandan Hallaq of Hirzel Law, PLC represented the Channel View East Condominium Association in this case. On July 2, 2019, the Michigan Court of Appeals issued an Opinion in Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149). The issue

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