Category Archives: Director and Officer Liability

Common Contract Provisions with Contractors/Vendors in Michigan Condominium Associations and HOAs

Each year, the Board of Directors for Michigan condominium and homeowners associations make a multitude of difficult decisions regarding what work needs to be done within the association, what vendors to hire to perform various tasks, and how long those contracts should exist. Examples of the common contracts that the Board of Directors may execute on a routine basis include:

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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the Michigan Court of Appeals issued an Opinion in Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149).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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HOA violates the Fair Housing Act by denying a service animal in the clubhouse

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association.  Based upon the facts of the case, the court determined that the homeowners association

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Avoiding Religious Discrimination Claims in Condominiums and HOA’s

Overview of Religious Discrimination under the Fair Housing Act The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs.  42 U.S.C. §3604 provides in pertinent part: As made applicable by section 3603 of this title and except as exempted

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Kevin Hirzel to speak at MACA Condominium Director Boot Camp in Livonia on 6/18/18

Michigan Association of Condominium Associations (MACA) Director Boot Camp (Livonia, MI) Date:         6/18/18 Time:        6:00pm to 8:00pm Location:  Livonia Public Library, 32777 5 Mile Road, Livonia, MI 48154 Details:     Meet with MACA representatives and professionals, ask questions, and learn the ins-and-outs of operating a Michigan condominium association.  Common topics covered in a condominium director boot camp are

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MACA Director Boot Camp in Livonia on 4/16/18 cancelled due to weather

The below MACA director boot camp will be rescheduled for later in the Spring when winter finally goes away.  We apologize for any inconvenience and will provide an update on a new date. Michigan Association of Condominium Associations (MACA) Director Boot Camp (Livonia, MI) Date:         4/16/18 Time:        6:00pm to 8:00pm Location:  Livonia Public Library, 32777 5 Mile

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Michigan Court rules that association is not required to maintain road to township standards

In McGue v Glenbrook Beach Association, unpublished opinion of the Court of Appeals, issued March 6, 2018 (Docket No. 337785), the Michigan Court of Appeals upheld the trial court’s dismissal of an owner’s claim against a Michigan Summer Resort Owners Association for failing to maintain the roads in the subdivision according to the township ordinance. In this case, James McGue

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