Category Archives: Condo and HOA Assessments

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

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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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

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the Michigan Court of Appeals issued an Opinion in Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149).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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MCL 559.201 AND MICH ADMIN R 559.511: IS YOUR RESERVE FUND UNDERFUNDED?

Introduction In Michigan, the laws related to the governance of the formation and operation of condominium projects are found in the Michigan Condominium Act (the “Act”), MCL 559.101, et seq. MCL 559.205 of the Act requires a condominium association to maintain a “reserve fund,” to be set aside for major repair and replacement of the common elements. MCL 559.205 provides:

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Is your Association Protected Against Theft, Embezzlement and Fraud?

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

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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Kevin Hirzel to speak at MACA Condominium Director Boot Camp in Livonia on 6/18/18

  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

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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