Category Archives: Collections

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 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 within the Yarmouth Commons Condominium project.

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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In Stonehenge Condominium Association v Bank of New York Mellon Trust Company, NA, unpublished opinion of the Court of Appeals, issued July 24, 2018 (Docket No. 339106), the Michigan Court of Appeals held that a condominium association’s lien priority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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Kevin Hirzel to speak at MACA Condominium Director Boot Camp in Livonia on 6/18/18

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  Michigan Association of Condominium Associations (MACA) Director Boot Camp (Livonia, MI) Date:         6/18/18 Time:        6:00pm to 8:00pm Location:  Livonia Public Library, 32777 5 Mile Road, Livonia, MI 48154 Details:     Meet with MACA representatives and professionals, ask questions, and learn the ins-and-outs of operating a Michigan condominium association.  Common topics covered in a condominium director boot camp

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MACA Director Boot Camp in Livonia on 4/16/18 cancelled due to weather

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The below MACA director boot camp will be rescheduled for later in the Spring when winter finally goes away.  We apologize for any inconvenience and will provide an update on a new date. Michigan Association of Condominium Associations (MACA) Director Boot Camp (Livonia, MI) Date:         4/16/18 Time:        6:00pm to 8:00pm Location:  Livonia Public Library, 32777 5 Mile

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What is the bank’s obligation to pay assessments under the Michigan Condominium Act after a foreclosure?

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MCL 559.169 allows for a Michigan condominium association to impose assessments against all co-owners in order to pay for the common expenses that are necessary to operate the condominium. When a co-owner fails to pay assessments, it places a strain on the condominium association’s budget for the year and unfairly results in an increased burden on the remaining co-owners as

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