Executive Order 2020-175: Governor Whitmer enters new executive order on swimming pool and recreational facility restrictions

     Michigan condominium associations and homeowners associations have been struggling with decisions to open swimming pools and other recreational facilities all summer.  Many community associations have kept facilities closed for safety and liability reasons.  On September 3, 2020, Governor Whitmer signed Executive Order 2020-175 and Executive Order 2020-176, which altered the restrictions on swimming pools and recreational facilities that […]

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Continuity Planning for Michigan Community Associations

“Plan for what it is difficult while it is easy, do what is great while it is small.” Sun Tzu During this time of economic uncertainty and concerns over the COVID-19 pandemic, community associations should take an ‘inventory’ of the current conditions of the association and have a continuity plan in place just in case something tragic happens. For example, what happens if the […]

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HIRZEL LAW WINS ZOOM BENCH TRIAL! COURT HOLDS THAT EXTENSIVE SHORT-TERM RENTALS VIOLATED RESIDENTIAL USE RESTRICTIONS

Kevin Hirzel, Kayleigh Long and Michael McCulloch of Hirzel Law, PLC represented the Cherry Home Association in this case. In Cherry Home Association v. Keith Barker, et. al., the Leelanau County Circuit Court held that several lot owners violated residential use restrictions by engaging in extensive online short-term rentals.  After holding one of the first zoom bench trials in the […]

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MCL 559.154: What is the difference between arbitration and mediation?

Conflict is inevitable when co-owners live in close proximity in a condominium association.  Whether it is a barking dog, loud music or unpleasant odor, it is important that a condominium association has a mechanism to resolve disputes between co-owners.  Many condominium associations resolve disputes by commencing an action in circuit court to enforce the master deed and bylaws as permitted […]

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MCL 559.152: When do the co-owners elect directors after developer control?

Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control.  In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely exit the condominium.  However, the […]

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