The Michigan Community Association Law Blog
Information on Condominium Associations and Homeowner Associations (HOA's) from the Michigan Condo Attorneys at Hirzel Law, PLC
Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886); […]
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UPDATE: On May 7, 2020, Governor Whitmer signed Executive Order 2020-77, which extended the ban on short-term vacation rentals in Executive Order 2020-59 until May 28, 2020. On April 24, 2020, Governor Whitmer signed Executive Order 2020-59, which extended the stay-at-home requirements that were originally contained in Executive Order 2020-21 and Executive Order 2020-42. The important highlights of the order […]
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On April 9, 2020, Governor Whitmer signed Executive Order 2020-42, which extended the stay-at-home requirements that were originally contained in Executive Order 2020-21 until April 30, 2020. In addition to extending the stay-at-home requirements, Executive Order 2020-42 also implemented additional restrictions on short-term rentals. Specifically, the order precludes any type of travel to a vacation rental. The Executive order does […]
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It is important that Michigan condominium associations are proactive in protecting the health and safety of the co-owners during the coronavirus pandemic. As previously noted by the Michigan Court of Appeals: Inherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living […]
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In DeCaminada v Hammond, unpublished opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 345847), the Michigan Court of Appeals ruled that the co-owners of a site condominium unit who constructed a larger home, after losing their home in a fire, had constructed the home “substantially” in accordance with the master deed. The Court determined that the […]
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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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