Category Archives: Property Managers

Security Cameras in Michigan Condominium Projects

Whether inside a grocery store, at a gas station or even in your neighborhood, security cameras are everywhere in modern society.  As technology evolves and cheaper and better cameras come onto the market each year, Michigan condominiums are experiencing an increase in surveillance and/or security camera usage.  Security cameras raise significant legal questions that impact decisions made by the Board

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Legal Update: Slip and Falls on the Condominium Premises and the Open and Obvious Doctrine

A few years ago, I wrote an article titled “Legal Update: Slip and Fall on the Condominium Premises: Does the Condominium Owe a Statutory Duty to Its Co-owners?” The article centered around a 2015 published decision by the Michigan Court of Appeals in Francescutti v Fox Chase Condominium Association, 312 Mich App 640; 886 NW2d 801 (2015), which held that a

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Kevin Hirzel and Joe Wloszek Named Rising Stars by Super Lawyers

Congratulations to Kevin Hirzel and Joe Wloszek who have both been selected as “Rising Stars” by Super Lawyers for 2017. Being named as a Rising Star is a significant honor as no more that 2.5 percent of attorneys in the state are awarded the designation each year. Super Lawyers is an organization which uses peer nominations and evaluations combined with independent research

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Why Every Condominium and Homeowners Association Should Trademark its Name and Logo

Over the past decade, the popularity of living in a common interest community, particularly condominium and homeowners associations, has risen significantly. According to recent statistics provided by Community Associations Institute, there are over 340,000 community associations, over 26 million housing units, and over 68 million residents living in these associations in the United States. As these numbers continue to grow,

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How to Revive a Defunct Michigan Homeowners Association

When a developer starts a project in Michigan, often it is easier/cheaper to create a site condominium or a homeowner’s association (“HOA”) rather than platting single family homes. As the developer sells enough units, control of the site condominium or HOA transfers to the homeowners in the project. Once the transition occurs, it is the homeowners’ responsibility for making sure

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Browning-Ferris Industries of California (#32-RC-109684): Fundamentally Altering the Employee / Employer Relationship between Community Associations and their Management Companies and Independent Contractors

Until last year, condominium and homeowner associations and their management companies understood the relationship between an employer and its employees and who would be considered the employer of those employees.  However, a 2015 ruling by the National Labor Relations Board (“NLRB”) has placed that understanding in a state of flux.   The new standard employed by the NLRB may now find

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Pet Size or Weight Restrictions in Michigan Condominiums

When drafting or amending condominium bylaws, the Restrictions section—typically Article VI of the Condominium Bylaws—often garners the most feedback, review or modification. One of the key provisions within the Restrictions section addresses pet restrictions including: the registration of pets with the association, not allowing pets loose on the condominium premises, co-owners must clean the dog’s feces so as not to

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