Category Archives: Michigan Condominium Attorney

MCL 559.233: Eminent Domain Issues in Michigan Condominiums

Eminent domain, also known as condemnation, or simply, taking, is the long-established government practice of converting private property for public use.  It applies to all property, including units and common areas owned through a community association such as condominium or homeowners’ associations.   Historical Use The government’s use of eminent domain began in the late 1800’s as a mechanism to develop

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Michigan Court of Appeals rules that co-owner is responsible for pre-existing bylaw violations after purchasing condominium unit

Kevin Hirzel, Brandan Hallaq and Kayleigh Long of Hirzel Law, PLC represented the Fox Pointe Association in this case. In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of Appeals held that a co-owner was responsible for the pre-existing bylaw violations of a prior co-owner after

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HB 4676: New procedures for removing discriminatory provisions from covenants and master deeds

On May 24, 2019, Rep. Sarah Anthony introduced HB 4676 in order to make it easier for Michigan condominium associations and homeowners associations to remove discriminatory provisions from a covenant, declaration or master deed.  42 U.S.C. § 3604 of the Federal Fair Housing Act makes it unlawful to: (c) To make, print, or publish, or cause to be made, printed,

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Brace Yourself: Drones Are Coming to a Community Near You

Aerial photography, weather tracking, search and rescues – these are just a few things drones are being used for as they slowly integrate into our daily lives. Drones for recreational use can be purchased for as little as $30, and in June 2019, Amazon announced that within a matter of months it will begin using drones to deliver packages in

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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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Residential Use v. Non-Residential Use in Michigan Condominiums

In Michigan, many condominium documents contain a limitation that a Unit may be used for “residential purposes” only. Historically, an owner or the developer of a parcel of property could impose reasonable building, use, and occupancy restrictions on a parcel of property subject to public policy limitations. Kaczynski v. Lindahl, 5 Mich App 377; 146 NW2d 675 (1996). Lately, the

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2019 CAI Law Seminar Best Manuscript Award Recipient Kevin Hirzel

Each year the CAI Law Seminar Planning Committee reviews over 50 presentations and topic submissions focused solely on community association law from over 100 potential presenters to determine the breakout sessions for the following year’s event. Only one-third of the presentation and topic submissions are selected. This year the Best Manuscript Award went to the panel of Kevin Hirzel, Edward

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