Category Archives: Board of Directors

Case Law Update: Nottingham Village Condo Ass’n v. Pensom: Litigation Evaluation Meetings

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit.  These provisions range from the rather mundane to extremely onerous. In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld

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Should your Community Association have a Holiday Party?

Introduction With Christmas just around the corner, many community associations are currently planning parties to celebrate the holiday season. Holiday parties are a great way to bring the community together and converse with your neighbors. These parties frequently involve the catering of food and alcohol as well as live entertainment which helps foster community participation. While holiday parties are generally

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Court rules in favor of MI Condo Association related to amendment of bylaws, compliance with parliamentary procedure and director compensation related to website

Vidolich v Saline Northview Condominium Association, unpublished opinion of the Court of Appeals, issued December 5, 2017 (Docket No. No. 334579), involved a lengthy battle between Vidolich, a co-owner in the Northview Condominium, and the Saline Northview Condominium Association (the “Association”). Vidolich was a member of the Association’s board until he resigned over a procedural dispute and he was the

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Michigan Court of Appeals affirms Short-Term Rental Ban in Restrictive Covenant

As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30,

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Want to learn more about Michigan Condo and HOA Law? Attend one of Kevin Hirzel’s upcoming seminars

Whether you are a seasoned condominium board member or new condominium board member, Kevin Hirzel’s seminars will have something for you.  The seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law. Michigan Community Association Institute Continuing Education Seminar:  How to Avoid Common Pitfalls of the Fair Housing Act

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Condominium and HOA Update: Upcoming Changes to LARA Corporate Filing Submissions Starting October 30, 2017

At least once a year, property managers, attorneys or the association itself files corporate documents with the State of Michigan’s Department of Licensing and Regulatory Affairs (“LARA”) on behalf of the association.  In a Michigan condominium association or homeowners association, certain documents such as Amended and Restated Articles of Incorporation or a Change in Resident Agent may be filed infrequently.  However, each

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WXYZ interviews Kevin Hirzel on enforcing HOA Restrictions

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the enforcement of HOA Restrictions and the importance of understanding the restrictions before buying into an HOA.  Purchasers that buy a lot in a deed restricted community that has a Homeowner’s Association are on constructive notice of any recorded restrictions and will generally be bound by them, except for a few

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