Category Archives: Developers

Who is Responsible for Carrying Insurance on a Condominium?

Introduction For many people, purchasing a home is the largest investment they will make in their lifetime. While owning real estate should be considered an investment, it should also be viewed as a risk. Aside from the risk that the property will decrease in value, every homeowner should consider the risk that the property could be destroyed, as well as

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Can you terminate a condominium under the Michigan Condominium Act?

The Michigan Condominium Act, MCL 559.101, et seq., contains specific procedures for the termination of a condominium. If a developer has not sold any condominium units, MCL 559.150 permits the developer to unilaterally terminate a condominium project. If the developer has sold units, MCL 559.151 sets forth the voting process for terminating a condominium project. This article will discuss the

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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the Michigan Court of Appeals issued an Opinion in Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149).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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Kevin Hirzel Speaks with Detroit News about GM Potential Sale of the Millender Center in Downtown Detroit

Kevin Hirzel, Managing Partner of Hirzel Law, PLC, was recently quoted in the Detroit News regarding General Motors Co.’s plans to sell the downtown Detroit Millender Center to potentially more than one buyer.  The article discusses current plans to convert the property into “building condominiums.”  Downtown Detroit’s revitalization has created new opportunities for owners, investors and small businesses.  Any potential

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MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums

Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium.  Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums.  Many recreational facilities are common elements that are located within a

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Hirzel Law on Fox 2 News involving controversial Westland boundary dispute

Hirzel Law, PLC has been hired to resolve a boundary dispute between the owners of lots in a platted subdivision and the developer of a proposed 88 unit site condominium in Westland, Michigan.  The attorneys at Hirzel Law, PLC have had previous success in representing clients on issues related to adverse possession and acquiescence.  The proposed development is on the

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Michigan Court of Appeals dismisses condominium bylaw enforcement case after lawsuit approval deemed improper

As previously discussed in HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits, it is not uncommon for developers to insert anti-lawsuit provisions into condominium documents that later have drastic consequences for Michigan condominium associations. In Sawgrass Ridge Condominium Association v Louis J Alarie, et. al., unpublished opinion of the Court of Appeals, issued January 9, 2018

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