Category Archives: Condo and HOA Cases

Fighting the Financial Impact of Coronavirus (COVID-19): The Small Business Administration’s Paycheck Protection Program and Economic Injury Disaster Loan and Loan Advance

The Small Business Administration (“SBA”) has made two significant programs available to help small businesses withstand the financial impact of the Coronavirus (COVID-19) on the United States economy: (1) the Paycheck Protection Program; and (2) the Economic Injury Disaster Loan and Loan Advance. Both programs are intended to help small businesses by providing funds for necessary operational expenses. Businesses with

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Court rules Site Condominium Unit was rebuilt in accordance with Master Deed

In DeCaminada v Hammond, unpublished opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 345847), the Michigan Court of Appeals ruled that the co-owners of a site condominium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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How to handle Community Association Collections in the aftermath of COVID-19

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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Michigan Court of Appeals holds that HOA cannot revoke approvals for docks

In Haan v Lake Doster Lake Association, unpublished opinion of the Court of Appeals, issued January 16, 2020 (Docket No. 345282), the Michigan Court of Appeals held in a 2-1 decision that an Allegan county homeowners association could not revoke approvals granted to owners to install docks.  The majority opinion relied on the terms of a membership application for the

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Legal Update: Slip and Fall on Condominium Premises

Over the last four years, there have been numerous Michigan Court of Appeals decisions addressing slip and falls on the Condominium Premises. Given that Michigan’s weather is turning colder by the day, the risk of significant personal harm on slippery snow and ice only increases. As a continuation in this series regarding slip and falls on the Condominium Premises in

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MCL 559.167: Michigan Court of Appeals rules that Developer lost right to construct units on common element land

Kevin Hirzel, Brandan Hallaq, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Cove Creek Condominium Association in this case. In Cove Creek Condo Ass’n v Vistal Land & Home Dev, LLC, __ Mich App __; __ NW2d __(2019), issued December 19, 2019 (Docket No. 342372), the Michigan Court of Appeals issued a published opinion establishing binding legal

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

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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