Category Archives: Zoning

Hirzel Law, PLC is proud to announce our NEW Traverse City office!

Hirzel Law, PLC is pleased to announce that it is opening a second office in Traverse City, Michigan in January 2020 to better serve its northern Michigan clients.  The new office is located at 1001 Bay St., Suite E, Traverse City, Michigan. The firm is also proud to announce that Michael McCulloch, Esq., an experienced community association attorney and litigator,

Read more

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

Read more

Enforcing Speed Limits in Michigan Condominium and Homeowners Associations

Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some

Read more

Michigan Court of Appeals affirms Short-Term Rental Ban in Restrictive Covenant

As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30,

Read more

Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban

Short-term rental websites such as AirBNB, Booking.com, FlipKey, HomeAway, Homestay, House Trip, Roomorama, Tripping.com, Trivago, VBRO and VayStays have become an increasing concern for Michigan condominium and homeowner’s associations that are populated by full time residents. The rise of short-term rental websites has led owners and investors to seek out extra income by renting their property on a nightly basis.

Read more

Is it Time to Revisit Restrictions on Home-Based Businesses in Condominium Associations?

What do Apple Computer, Mary Kay Cosmetics, and the Ford Motor Company all have in common? These corporations all started out as home-based businesses.  With recent technological gains, more individuals are not only working from home but, in fact, more than half of all U.S. businesses are based out of an owner’s home[1].  In addition, with technological advances, many tasks

Read more
« Older Entries