Deed Restrictions | The Michigan Community Association Law Blog

Category Archives: Deed Restrictions

HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines

Posted on September 10, 2018 by Kevin Hirzel

On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving improvement.” The proposed bill would be extremely problematic for Michigan community association’s for several reasons. First, HB 6304 is problematic as there may

Wi-Fi issues in your condominium association or HOA

Posted on June 13, 2018 by Kevin Hirzel

Wi-Fi has become a necessity for almost anyone who lives in a condominium association. However, the law is often slow to evolve to new technologies and many master deeds or declarations were drafted before Wi-Fi even existed. As a result, potential legal issues related to Wi-Fi use are rarely addressed in the governing documents of community associations. Accordingly, condominium and

Mailboxes in Michigan Condominiums and HOAs

Posted on March 28, 2018 by Joe Wloszek

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

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

Posted on February 21, 2018 by Kevin Hirzel

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

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

Posted on February 1, 2018 by Kevin Hirzel

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

Enforcing Speed Limits in Michigan Condominium and Homeowners Associations

Posted on January 10, 2018 by Brandan A. Hallaq

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

Start 2018 off right with one of Kevin Hirzel’s Michigan Condo and HOA Law Seminars

Posted on December 27, 2017 by Kevin Hirzel

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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