Category Archives: Deed Restrictions

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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HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations

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            Tourism is a major part of the Michigan economy and its significance continues to grow.  From 2010 through 2014 tourism employment growth even outpaced overall state employment growth.  Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate has increased over the prior year’s occupancy rate for every month, except for two.  This growth has seen an

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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In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant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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Security Cameras in Michigan Condominium Projects

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Whether inside a grocery store, at a gas station or even in your neighborhood, security cameras are everywhere in modern society.  As technology evolves and cheaper and better cameras come onto the market each year, Michigan condominiums are experiencing an increase in surveillance and/or security camera usage.  Security cameras raise significant legal questions that impact decisions made by the Board

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Kevin Hirzel Interviewed Regarding Options Short of Litigation to Resolve Condominium Disputes

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In a recent news article by Sherri Kolade at C&G Newspapers titled Condominium Conflicts: Condo Lawyers Discuss Handling Potential Litigation, Compromise, Kevin Hirzel, Esq. outlined options short of litigation to resolve disputes between Associations and Co-owners.  Mr. Hirzel is quoted as saying, “You can either stay or go. Sue, compromise, or get political by campaigning to join a condominium association board.”  The full article

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Autonomous Vehicles: Coming to a Condominium or HOA near you!

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An autonomous vehicle, also known as a driverless car, self-driving car, or robotic car is a vehicle that senses its environment and operates without human input. On December 9, 2016, Governor Rick Snyder signed 2016 PA 332 into law and amended the Michigan Motor Vehicle Code to make Michigan the first state that allows for autonomous vehicles to be operated

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Michigan Court of Appeals rules that deed restrictions recorded outside of the chain of title are unenforceable

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In Petersen Financial LLC v Twin Creeks LLC, issued November 22, 2016 (Docket No. 329019) (Published Opinion) the Michigan Court of Appeals held that deed restrictions that were not within the chain of title were not enforceable. In 2000, Twin Creeks, LLC owned the complete parcel of land that was located in the Twin Creek Development (hereinafter “Twin Creek”). In

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