Category Archives: Collections

How to handle Community Association Collections in the aftermath of COVID-19

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On March 10, 2020, Governor Gretchen Whitmer signed Executive Order 2020-4 and declared a State of Emergency in the State of Michigan related to the novel respiratory disease coronavirus (COVID-19). On March 13, President Donald Trump declared a National Emergency. On March 23, 2020, Governor Whitmer signed Executive Order 2020-21 (COVID-19) which imposed a temporary stay-at-home requirement, subject to certain exceptions. Executive Order

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Hirzel Law, PLC is proud to announce our NEW Traverse City office!

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Hirzel Law, PLC is pleased to announce that it is opening a second office in Traverse City, Michigan in January 2020 to better serve its northern Michigan clients.  The new office is located at 1001 Bay St., Suite E, Traverse City, Michigan. The firm is also proud to announce that Michael McCulloch, Esq., an experienced community association attorney and litigator,

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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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Is your Association Protected Against Theft, Embezzlement and Fraud?

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Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the community.  However, there are times when board members, property managers or, more generally, thieves misappropriate or embezzle monies intended to benefit the community. In 2017, the treasurer of the Black Forest Estates Association in Traverse City, Michigan was initially charged with multiple felonies each involving

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MI Court rules that MCL 559.208 does not protect a Condominium Association’s lien priority after taking a deed in lieu of foreclosure

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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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Hirzel Law, PLC featured in Michigan Lawyers Weekly

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The Michigan Lawyer’s Weekly published an article on the formation of Hirzel Law, PLC by Kevin Hirzel, Matt Heron, Joe Wloszek, John Calvin, Brandan Hallaq and William Kolobaric. Kevin Hirzel, the managing member of Hirzel Law, PLC, discussed the depth of experience of the attorneys at Hirzel Law, PLC in condominium and homeowners association law. Specifically, Hirzel stated that “[w]e

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