Category Archives: Michigan Condominium Lawyer

MICHIGAN COURT OF APPEALS RULES IN FAVOR OF TOWNSHIP IN ZONING ORDINANCE DISPUTE OVER SHORT-TERM RENTALS

BACKGROUND On October 25, 2018, the Michigan Court of Appeals issued an unpublished opinion in the matter of Concerned Property Owners of Garfield Township, Inc v Charter Township of Garfield, unpublished per curiam opinion of the Court of Appeals, issued October 25, 2018 (Docket No. 342831). The Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals

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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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“10 Best” Attorney Client Satisfaction in Real Estate Law|Award Recipients, Kevin Hirzel, Joe Wloszek, William Kolobaric and Brandan Hallaq

Congratulations to Kevin Hirzel, Joe Wloszek, William Kolobaric and Brandan Hallaq on being the 2018 recipients of the “10 Best” attorney client satisfaction in Real estate law award. A significant achievement recognized by the American Institute of Legal Counsel. The AIOLC looks for attorneys who have achieved unparalleled success in their field but mostly have done so for the benefit of their

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Is your Association Protected Against Theft, Embezzlement and Fraud?

Condominium associations and homeowners associations collect assessments from homeowners earmarked for the benefit of the community.  However, there are times when board members, property managers or, more generally, thieves misappropriate or embezzle monies intended to benefit the community. In 2017, the treasurer of the Black Forest Estates Association in Traverse City, Michigan was initially charged with multiple felonies each involving

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2018 Super Lawyers Rising Stars Award Recipients Kevin Hirzel, Joe Wloszek, John Calvin and Brandan Hallaq

Congratulations to Kevin Hirzel, Joe Wloszek, John Calvin and Brandan Hallaq of Hirzel Law, PLC on being selected as Super Lawyers “Rising Stars” for 2018. Being named a “Rising Star” is a significant honor as no more than 2.5 percent of attorneys in the state are awarded this designation each year. Super Lawyers recognizes the top lawyers in Michigan via

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HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines

On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving improvement.” The proposed bill would be extremely problematic for Michigan community association’s for several reasons. First, HB 6304 is problematic as there may

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MI Court rules that MCL 559.208 does not protect a Condominium Association’s lien priority after taking a deed in lieu of foreclosure

In Stonehenge Condominium Association v Bank of New York Mellon Trust Company, NA, unpublished opinion of the Court of Appeals, issued July 24, 2018 (Docket No. 339106), the Michigan Court of Appeals held that a condominium association’s lien priority over a second mortgage was extinguished when the association received a deed to the condominium unit from the co-owner instead of

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