Category Archives: Condo and HOA Cases

Mailboxes in Michigan Condominiums and HOAs

In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community.  Normally, when an owner wishes to modify a structure, the owner may petition the association’s ACC for approval.  If the owner is denied the requested modification, this can lead to claims

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Michigan Court rules that association is not required to maintain road to township standards

In McGue v Glenbrook Beach Association, unpublished opinion of the Court of Appeals, issued March 6, 2018 (Docket No. 337785), the Michigan Court of Appeals upheld the trial court’s dismissal of an owner’s claim against a Michigan Summer Resort Owners Association for failing to maintain the roads in the subdivision according to the township ordinance. In this case, James McGue

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Kevin Hirzel to speak on rental issues and emotional support animals at upcoming seminars in March of 2018

The below Condominium and HOA seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law. All Things Tenants – Evictions, Rental Caps and Strategies for Communicating with Landlord Co-Owners. Date:         3/16/18 Time:        9:30am-3:30pm (Kevin Hirzel will speak from 11:15am-12:00pm) Location:  Suburban Collection Showplace, 46100 Grand River, Novi, MI Details:   

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Michigan Court of Appeals dismisses condominium bylaw enforcement case after lawsuit approval deemed improper

As previously discussed in HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits, it is not uncommon for developers to insert anti-lawsuit provisions into condominium documents that later have drastic consequences for Michigan condominium associations. In Sawgrass Ridge Condominium Association v Louis J Alarie, et. al., unpublished opinion of the Court of Appeals, issued January 9, 2018

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Enforcing Speed Limits in Michigan Condominium and Homeowners Associations

Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some

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Start 2018 off right with one of Kevin Hirzel’s Michigan Condo and HOA Law Seminars

The below condominium and HOA seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law. State Bar of Michigan – Real Property Law Section – Condominium Law: Representing Developers, Associations, and Co-Owners Date:         1/18/18 Time:        7:30am-9:30am Location:  Townsend Hotel, 100 Townsend St., Birmingham, MI Details:   

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Court rules that tax foreclosure does not extinguish obligations in the master deed and that newly amended MCL 559.167 is not retroactive

The Michigan Court of Appeals decided several important issues in favor of Michigan condominium associations on December 14, 2017 in Ferry Beaubien LLC v Centurion Place on Ferry Street Condominium Association, unpublished opinion of the Court of Appeals, issued December 14, 2017 (Docket No. 335571).  Specifically, the court of appeals made the following rulings: The master deed and condominium bylaws

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