Category Archives: Condominium Document Enforcement

CBD Oil: Does it violate the prohibition on illegal activity in your condominium bylaws?

Michigan is one of the most progressive states when it comes to decriminalizing marijuana use for medicinal and recreational purposes.  Accordingly, it should be no surprise that cannabidiol (“CBD”) oil is becoming commonplace on supermarket shelves and in other retailers in Michigan.  As discussed in Recreational Marijuana: How will it impact Michigan Condominium Associations, marijuana is still illegal under federal

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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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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 In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of Appeals held that a co-owner was responsible for the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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HB 4676: New procedures for removing discriminatory provisions from covenants and master deeds

On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.  42 U.S.C. § 3604 of the Federal Fair Housing Act makes it unlawful to: (c) To make, print, or publish, or cause to be made, printed,

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Brace Yourself: Drones Are Coming to a Community Near You

Aerial photography, weather tracking, search and rescues – these are just a few things drones are being used for as they slowly integrate into our daily lives. Drones for recreational use can be purchased for as little as $30, and in June 2019, Amazon announced that within a matter of months it will begin using drones to deliver packages in

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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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