Category Archives: Deed Restrictions

Michigan Senate Bill 663: Michigan cracks down on fake emotional support animals

On November 28, 2017, Senator Peter MacGregor introduced Senate Bill 663, which would criminalize a fake request for an emotional support animal or service animal. Requests for emotional support animals and service animals continue to increase under the Federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. While a legitimate request for an emotional

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Michigan Court of Appeals affirms Short-Term Rental Ban in Restrictive Covenant

As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30,

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Michigan Court of Appeals rules that modular home violates restrictive covenants

UPDATE:  This opinion was subsequently reversed by the Michigan Supreme Court on July 24, 2019 in a 5-2 decision.  A copy of the Supreme Court’s opinion can be found here. In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially

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Want to learn more about Michigan Condo and HOA Law? Attend one of Kevin Hirzel’s upcoming seminars

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 Community Association Institute Continuing Education Seminar:  How to Avoid Common Pitfalls of the Fair Housing Act

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MCL 450.835a: Electronic Signatures can now be used to amend Restrictive Covenants

MCL 450.835a was enacted into law on March 21, 2017, and provides as follows: 450.835a Amending, reaffirming, or repealing restrictive covenant by electronic signature. Sec. 5a. If restrictive covenants apply to more than 250 lots or parcels of real property in a single development and the law of this state allows the owners of the real property to amend, reaffirm,

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WXYZ Detroit interviews Kevin Hirzel on short-term rental laws and AirBnB in Michigan

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding short-term rentals.  The interview discusses the impact of local ordinances, condominium bylaws and homeowners association bylaws on short-term rentals and AirBnB use.  The interview also discusses insurance and liability implications associated with AirBnB use.  The full interview can he found here.  Kevin Hirzel is the Managing Member of Hirzel Law, PLC and

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WXYZ interviews Kevin Hirzel on enforcing HOA Restrictions

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the enforcement of HOA Restrictions and the importance of understanding the restrictions before buying into an HOA.  Purchasers that buy a lot in a deed restricted community that has a Homeowner’s Association are on constructive notice of any recorded restrictions and will generally be bound by them, except for a few

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