Category Archives: Condo and HOA Cases

Kevin Hirzel’s interview with Murray Feldman on the Feldman Report on WWJ AM 950

A site condominium is a type of condominium that exists in Michigan and is composed of single-family homes.  Site condominium units are still subject to restrictions contained in a Master Deed and Condominium Bylaws and it is important that purchasers review the Master Deed and Condominium Bylaws before purchasing.  Many people who purchase a home in a site condominium do

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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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HB 4910: Michigan seeks to criminalize fake emotional support animal requests

On September 3, 2019, Representative Matt Hill introduced House Bill 4910, which would create the “Misrepresentation of Emotional Support Animals Act” and criminalize a fake request for an emotional support animal. Requests for emotional support animals continue to rapidly increase under the Federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. According to a

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MCL 559.233: Eminent Domain Issues in Michigan Condominiums

Eminent domain, also known as condemnation, or simply, taking, is the long-established government practice of converting private property for public use.  It applies to all property, including units and common areas owned through a community association such as condominium or homeowners’ associations.   Historical Use The government’s use of eminent domain began in the late 1800’s as a mechanism to develop

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Michigan Court of Appeals rules that co-owner is responsible for pre-existing bylaw violations after purchasing condominium unit

Kevin Hirzel, Brandan Hallaq and Kayleigh Long of Hirzel Law, PLC represented the Fox Pointe Association in this case. In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of Appeals held that a co-owner was responsible for the pre-existing bylaw violations of a prior co-owner after

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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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Residential Use v. Non-Residential Use in Michigan Condominiums

In Michigan, many condominium documents contain a limitation that a Unit may be used for “residential purposes” only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of property subject to public policy limitations. Kaczynski v. Lindahl, 5 Mich App 377; 146 NW2d 675 (1996). Lately, the

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