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Category Archives: Condo and HOA Cases

MICHIGAN COURT OF APPEALS RULES IN FAVOR OF TOWNSHIP IN ZONING ORDINANCE DISPUTE OVER SHORT-TERM RENTALS

Posted on November 7, 2018 by Brandan A. Hallaq

BACKGROUND On October 25, 2018, the Michigan Court of Appeals issued an unpublished opinion in the matter of Concerned Property Owners of Garfield Township, Inc v Charter Township of Garfield, unpublished per curiam opinion of the Court of Appeals, issued October 25, 2018 (Docket No. 342831). The Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals

MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums

Posted on October 29, 2018 by Kevin Hirzel

Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium. Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums. Many recreational facilities are common elements that are located within a

Is your Association Protected Against Theft, Embezzlement and Fraud?

Posted on September 24, 2018 by Joe Wloszek

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

How to Avoid Construction Liens in Michigan Condominium Projects

Posted on August 20, 2018 by William Kolobaric

Condominium associations hire contractors for capital improvements, repairs and for restoration work to the general and limited common elements, if appropriate. When a condominium association hires a contractor to provide labor, services or materials to the condominium and then fails to make payment for any reason, the contractor may record a construction lien against the condominium unit(s) in the condominium

MI Court rules that MCL 559.208 does not protect a Condominium Association’s lien priority after taking a deed in lieu of foreclosure

Posted on August 1, 2018 by Kevin Hirzel

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

Hirzel Law on Fox 2 News involving controversial Westland boundary dispute

Posted on July 19, 2018 by Kevin Hirzel

Hirzel Law, PLC has been hired to resolve a boundary dispute between the owners of lots in a platted subdivision and the developer of a proposed 88 unit site condominium in Westland, Michigan. The attorneys at Hirzel Law, PLC have had previous success in representing clients on issues related to adverse possession and acquiescence. The proposed development is on the

Can a Michigan condominium ban solar panels?

Posted on July 10, 2018 by Kevin Hirzel

Approximately 25 states have adopted some form of a solar access statute that makes it illegal for condominium bylaws to contain a provision that completely bans the installation of solar panels. There are approximately 15 different states that have adopted solar easement statutes that uphold the validity of contractual easements for solar access. A full list of states that

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