Category Archives: Developers

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 al., unpublished opinion of the Court of Appeals, issued January 9, 2018

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Court rules that tax foreclosure does not extinguish obligations in the master deed and that “need not be built” units ceased to exist

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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Michigan Court of Appeals rules that modular home violates restrictive covenants

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 prefabricated home violated the restrictive covenants in the Timber Ridge Bay Subdivision.  Specifically at issue were restrictive covenants that provided as follows: COVENANTS, RESTRICTIONS AND CONDITIONS Section 1. Establishment of

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