Category Archives: Condo and HOA Cases

Want to learn more about Michigan Condo and HOA Law? Attend one of Kevin Hirzel’s upcoming seminars

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Whether you are a seasoned condominium board member or new condominium board member, Kevin Hirzel’s seminars will have something for you.  The seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law. Michigan Association of Condominium Associations – Western Michigan Fall Conference Date:         9/9/17 Time:        9:15am – 11:30am

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MCL 559.147: How to handle unauthorized co-owner modifications to the common elements

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Michigan condominium associations are often forced to deal with co-owners who are unfamiliar with condominium living, or in some instances, are not even aware that they live in a condominium that is governed by a master deed, bylaws or rules in regulations. As a result, it is not uncommon for a co-owner to unilaterally make modifications to the general common elements

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Court rules that Michigan HOA cannot collect assessments after restrictive covenant expires

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In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant expired. In Deghetto, the plaintiffs were the owners of multiple lots in six separate subdivisions in Highland Township, Michigan

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Kevin Hirzel interviewed on the HOA News Forum Podcast on May 30, 2017

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It was great to be a guest on the HOA News Forum Podcast on May 30, 2017!  A link to the podcast can be found here.  Topics that were discussed are as follows: 1. What are the most common disputes in condominium and homeowners associations? Unauthorized Modifications to the Common Elements Sensory Offenses – Smells and Noises Common Element Repair

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MCL 559.139: Transferring limited common element parking spaces in Michigan Condominiums

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In densely populated urban areas in Michigan, it is not uncommon for a co-owner to sell another co-owner a parking space at a premium when parking space is limited.  However, condominium associations and co-owners often confuse the process of selling units with the process of selling a limited common element parking space.  In determining the proper procedure for selling a

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Kevin Hirzel and Joe Wloszek Named Rising Stars by Super Lawyers

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Congratulations to Kevin Hirzel and Joe Wloszek who have both been selected as “Rising Stars” by Super Lawyers for 2017. Being named as a Rising Star is a significant honor as no more that 2.5 percent of attorneys in the state are awarded the designation each year. Super Lawyers is an organization which uses peer nominations and evaluations combined with independent research

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Condominium Association’s Right to an Easement

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In today’s day and age, it is almost unheard of to own a parcel of real estate that is not in some way encumbered by an easement. An easement is an ownership interest in real property that grants the holder of the easement the right to use another’s property for a limited purpose. For example, the overwhelming majority of real

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