Category Archives: Master Deed

Can an Association Limit Your Right to Bear Arms?

Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886);

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Court rules Site Condominium Unit was rebuilt in accordance with Master Deed

In DeCaminada v Hammond, unpublished opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 345847), the Michigan Court of Appeals ruled that the co-owners of a site condominium unit who constructed a larger home, after losing their home in a fire, had constructed the home “substantially” in accordance with the master deed.  The Court determined that the

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How to handle Community Association Collections in the aftermath of COVID-19

On March 10, 2020, Governor Gretchen Whitmer signed Executive Order 2020-4 and declared a State of Emergency in the State of Michigan related to the novel respiratory disease coronavirus (COVID-19). On March 13, President Donald Trump declared a National Emergency. On March 23, 2020, Governor Whitmer signed Executive Order 2020-21 (COVID-19) which imposed a temporary stay-at-home requirement, subject to certain exceptions. Executive Order

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Does Your Community Association Have a Vaping Problem?

Electronic cigarettes (or “e-cigarettes”) were first introduced into the U.S. market in the mid-2000s (see here) but only recently garnered national attention when e-cigarette smokers began developing mysterious lung injuries, some of which have been fatal (see here). As of July 2019, 8% of Americans reported vaping (smoking an e-cigarette) within the past week, with almost 1 out of every

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Announcing the Addition of Michael D. McCulloch, Esq., to the firm

Hirzel Law, PLC Welcomes Michael D. McCulloch, Esq., to the firm Michael D. McCulloch, Esq. joined Hirzel Law, PLC in December of 2019. He focuses his practice on condominium law, real estate law, estate planning and litigation. Mr. McCulloch graduated from Michigan State University with a degree in Telecommunications and from Western Michigan University Thomas M. Cooley Law School where

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MCL 559.167: Michigan Court of Appeals rules that Developer lost right to construct units on common element land

Kevin Hirzel, Brandan Hallaq, Kayleigh Long and Joe Wloszek of Hirzel Law, PLC represented the Cove Creek Condominium Association in this case. In Cove Creek Condo Ass’n v Vistal Land & Home Dev, LLC, __ Mich App __; __ NW2d __(2019), issued December 19, 2019 (Docket No. 342372), the Michigan Court of Appeals issued a published opinion establishing binding legal

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Hirzel Law, PLC is proud to announce our NEW Traverse City office!

Hirzel Law, PLC is pleased to announce that it is opening a second office in Traverse City, Michigan in January 2020 to better serve its northern Michigan clients.  The new office is located at 1001 Bay St., Suite E, Traverse City, Michigan. The firm is also proud to announce that Michael McCulloch, Esq., an experienced community association attorney and litigator,

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