Category Archives: Deed Restrictions

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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HB 5440: Michigan HOA’s could not prohibit the display of the American or State Flag

Michigan House Bill 5440 was introduced on January 24, 2018. HB 5540 would prohibit a Michigan homeowner’s association or neighborhood association from prohibiting the display of the United States flag or the state flag of Michigan. HB 5540 provides as follows: Sec. 1. A local unit of government shall not adopt or enforce an ordinance, resolution, rule, or regulation that

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WXYZ Detroit interviews Kevin Hirzel on emotional support animals and Senate Bill 663

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the increase in requests for emotional support animals and how Senate Bill 663 would help to curb requests for fake emotional support animals.   The interview discusses how requests for emotional support animals can be made under the Fair Housing Act and the Air Carrier Access Act, as emotional support animals are

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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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Case Law Update: Nottingham Village Condo Ass’n v. Pensom: Litigation Evaluation Meetings

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit.  These provisions range from the rather mundane to extremely onerous. In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld

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