Category Archives: Michigan Nonprofit Corporation Act

Can Clearly Unenforceable Deed Restrictions Create Potential Liability for your Association?

Earlier this year, Channel 7 WXYZ did an exposé on a Bloomfield Township homeowners association called Wing Lake Farms, which had a 1948 deed restriction that states: Second: That no lot, or any part thereof, shall be sold, conveyed, rented, leased or loaned by either party hereto to any person not of the pure, unmixed, white, Caucasian Gentile Race, nor

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Interested in learning more about Michigan Condo and HOA Law? Attend one of Kevin Hirzel’s upcoming seminars

It is back to school season and fall is a perfect time for condominium board members to educate themselves on Michigan Condominium and HOA Law. Whether you are a seasoned condominium board member or new condominium board member, Kevin Hirzel’s seminars will have something for you.  The seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments

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Kevin Hirzel to present “Hot Topics in Condominium and HOA Law” in Traverse City on 9/14/16.

Kevin Hirzel will be presenting “Hot Topics in Condominium and HOA Law” on September 14, 2016 at 6:30pm in Traverse City, Michigan. The seminar is hosted by Monarch Management and will be at the Traverse Area Association of Realtors. The seminar will cover the following topics: How the 2015 amendments to the Michigan Nonprofit Corporation Act will impact your community

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Architectural Control: Sculptures, Statues, Lawn Ornaments, Birdbaths and Other Items on the Common Elements or Lots

Numerous condominiums in Michigan restrict (or outright ban) sculptures, statues, lawn ornaments, birdbaths or other items pursuant to the condominium documents. Many of these provisions were drafted by the developer when creating the condominium in order to provide uniformity during the sales process. Likewise, many declarants subject a platted subdivision to deed restrictions that also restrict or ban the use of

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Quorum Issues in Michigan Condominium Associations

Typically in the spring or fall, Michigan condominium associations hold annual meetings to elect directors, distribute financial statements to the Co-owners and otherwise provide an update to the membership regarding the status of the condominium.  All too often, the annual meeting is sparsely attended due to Co-owner apathy, which may result in your condominium failing to meet quorum requirements.  This article

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Is a Community Association’s Board of Directors Required to Make Board Meetings Open to Association Members?

            The State of Michigan primarily has two so-called “Sunshine Laws”- the Open Meetings Act (“OMA”), MCL 15.261, et seq., and the Freedom of Information Act, MCL 15.231, et seq.  These two acts together help promote and create open government by making certain governmental meetings open to the public, and in allowing the public access to governmental documents and records. 

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Taxes in Your Michigan Condominium or Homeowners’ Association: Is Your Association Current with the IRS?

As April 15th approaches, many Michigan residents are reviewing various sources of gross income, tax credits and tax deductions in order to prepare individual or joint income tax returns.  In addition to personal income taxes, newer directors may be unaware that their condominium or homeowners’ association is also required to file federal income taxes on an annual basis.  For the

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