Kevin Hirzel

 
KMH3

Kevin Hirzel is a Michigan Condominium Attorney and the Managing Member at Hirzel Law, PLC.   He focuses his practice on community association law, condominium law, homeowners association law and real estate law.  He can be contacted via e-mail or at (248) 478-1800.

Kevin Hirzel is a fellow in the Community Associations Institute, College of Community Association Lawyers (“CCAL”). He is one of fewer than 175 attorneys nationwide to be admitted into CCAL.  Fellows of the College are among the most respected community association attorneys in the country. CCAL was established in 1993 by Community Associations Institute (“CAI”), with membership consisting of attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL fellows are also recognized for committing themselves to the highest standards of professional and ethical conduct.

Kevin Hirzel was selected as a 2015 Up & Coming Lawyer by Michigan Lawyer’s Weekly, an award given to 30 attorneys in the state each year.  He was also named a Top Lawyer in real estate law by Michigan Top Lawyers.com in 2015.  Mr. Hirzel was named a Michigan “Rising Star” in real estate law by Super Lawyers Magazine from 2013-2017.  He is the Co-Chairman of the Michigan Community Association Institute Legislative Action Committee and a member of the Community Association Institute’s National Government Affairs and Public Policy Commitee.  Mr. Hirzel is the Co-Chairman of the  State Bar of Michigan’s Real Property Law Section Committee for Condominiums, PUDs, & Cooperatives.  He is actively involved in rewriting the Michigan Condominium Act and creating a Michigan Homeowner’s Association Act, along with monitoring and providing input on other bills that impact community associations on a state and federal level.

Kevin Hirzel has authored numerous articles for the Michigan Community Association News, Michigan Association of Condominium Associations, United Condominium Owners of Michigan Newsletter,  Michigan Real Property Review and Macomb County Bar Briefs, as well as other publications.  He has been interviewed as an expert in condominium law by various publications such as the Michigan Lawyer’s Weekly, CAI’s Common Ground Magazine, HOALeader.com and Bettercondolife.com. Mr. Hirzel frequently lectures on condominium law throughout the state of Michigan and has presented at the CAI National Law Seminar. He has also been featured in Michigan Lawyer’s Weekly on multiple occasions for successful litigation results that he has obtained on behalf of clients.

He graduated cum laude from the University of Detroit Mercy School of Law where he was a member of the law review for two years, served as a title editor on law review and was inducted into the UDM Moot Court Hall of Fame.

PUBLICATIONS

Confusion, Compensation, and Taxation: A Business Judgment Rule Approach to the Deductibility of Reasonable Compensation of Corporate Executives under §162 of the Internal Revenue Code, 5 FLA. ST. BUS. L. REV. 1 (2005-2006).

Don’t take a Vacation from the additoinal regulations that apply to Condominium Hotels, Michigan Community Association News, Third Quarter 2012.

A Roadmap to Discovering and Resolving Common Element Construction Defects, United Condominium Owners of Michigan Reporter, Issue 3, Vol. XXXX (2013).

Condominium Boards and Ethics – The Top 5 reasons that your Condominium Board needs a Code of Conduct, Michigan Community Association News, Third Quarter 2014.

The Future is Now – Is your Condominium Association prepared to handle these technological advances? Michigan Community Association News, Fourth Quarter, 2014.

A Board of Directors Guide to Resolving Common Element Construction Defects in a Michigan Condominium, Michigan Community Association News, First Quarter, 2015.

Michigan Senate Bill 610 – A fix to Section 67 of the Michigan Condominium Act (MCL 559.167) or the creation of a new set of problems?, Michigan Community Association News, Fourth Quarter, 2015.

Condominium Anti-Lawsuit Provisions, State Bar of Michigan Real Property Law Section E-Journal (November 2, 2015).

House Bill 5230 – Restricting your Community Association’s Freedom to Contract, Michigan Community Association News, First Quarter, 2016.

Dissident HOA Websites: Is Free Speech Really Free? Gladly, March 31, 2016.

Does the Board of Directors of a Michigan Condominum Association or HOA have a duty to enforce the Master Deed, Bylaws or other Restrictive Covenants? Macomb County Bar Briefs Magazine, July 2016.

Senate Bill 610 Passes – Is the amendment to MCL 559.167 of the Michigan Condominium Act Constitutional? Michigan Community Association News, Second Quarter, 2016.

Does a Successor Developer have an Obligation to pay assessments under the Michigan Condominium Act? Michigan Community Association News, Second Quarter, 2016.

The Michigan Condominium Act, Time for a Change:  Why Michigan should adopt a modified version of the Uniform Condominium Act, Michigan Real Property Review, Fall 2015- Fall 2016 Vol. 42, Nos. 3-4 and Vol. 43 Nos. 1-3.

The CAI MILAC in Action, Michigan Community Association News, Third/Fourth Quarter 2016.

Michigan House Bill 4015:  Bad News for Michigan Condominium Associations, Michigan Community Association News, First Quarter 2017.

What Every Condominium Association Needs to Know about Parking Restrictions, Michigan Community Association News, First Quarter 2017.

Transparency breeds Legitimacy:  3 tips for your Condominium Association to avoid a Lawsuit, Macomb County Bar Briefs Magazine, May 2017.

MCL 559.167: Can the 2016 Amendments to Section 67 of the Michigan Condominium Act be applied retroactively?, Michigan Real Property Review, Spring 2017 – Summer 2017 Vol. 44, Nos. 2-4.

MCL 559.139: Transferring Limited Common Element Parking Spaces in Michigan Condominiums: Michigan Community Association News, Second Quarter 2017.

Homeowners Association Prevails on Short-Term Rental Ban, State Bar of Michigan Real Property Law Section E-Journal (November 1, 2017).

PRESENTATIONS

Construction Defect Resolution: Appropriate steps a post-transition control board should take with respect to discovering and resolving construction defects? Michigan Community Association Institute Annual Conference (March 13, 2015)

Nuts and Bolts of Condominium Operations, Traverse Area Association of Realtors (November 12, 2015)

Michigan Condominium Law Legislative Update, Oakland County Bar Association Real Estate Committee (February 23, 2016)

2016 Legislative Update, Michigan Community Association Institute Annual Conference (March 4, 2016)

How do the 2015 Amendments to the Michigan Nonprofit Corporation Act impact your Community Association?, Michigan Community Association Institute Annual Conference (March 4, 2016)

Michigan Condominium Law Legislative Action Committee Update, Michigan Community Association Institute Special Event (August 24, 2016)

Hot Topics in Condominium and HOA Law, Traverse Area Association of Realtors (September 14, 2016)

Site Condominiums and Land Divisions:  Current Topics and Case Law, Institute of Continuing Legal Education/State Bar of Michigan Real Property Homeward Bound Series Presentation (November 3, 2016)

Hot Topics in Condominium Law – Electric Vehicle Charging Stations, CAI National Law Seminar (January 2017)

2017 Townhall: State and Federal Legislative Changes for 2017, Michigan Community Association Institute Annual Conference (March 4, 2017)

Fair Housing Act Pitfalls, Michigan Association of Condominium Associations – Western Michigan Fall Conference (Grand Rapids, MI – September 9, 2017)

Director Liability and Insurance Basics, Monarch Management (Traverse City, MI – September 11, 2017)

Current Trends in Community Associations, Cummings Management (Flint, MI – October 11, 2017)

How to Avoid Common Pitfalls of the Fair Housing Act, Michigan Community Associations Institute Special Event (Farmington Hills, MI – November 9, 2017)

Director Bootcamp, Michigan Association of Condominium Associations – (Lansing, MI – September 9, 2017)

Case Law Update, State Bar of Michigan – Real Property Law Section – Committee for Condominiums, PUDs, & Cooperatives (Lansing, MI – November 29, 2017)

Condominium Law: Representing Developers, Associations, and Co-Owners (Birmingham, MI – January 18, 2018), State Bar of Michigan – Real Property Law Section Groundbreakers Roundtable

Director Bootcamp, Michigan Association of Condominium Associations (Ypsilanti, MI – January 23, 2018)

Millennials: Learn how America’s largest generation will impact legal issues in Community Associations, CAI National Law Seminar (Palm Springs, CA – February 2, 2018)

NEWS ARTICLES/INTERVIEWS

Man Fights to Keep Tree, C & G News, July 2008

Couple Wins Fight for Tree in Backyard, The Macomb Daily, July 2008

Rental Unit Owner, Management Company at odds over deed: Amendments determined to be illegal, in violation of state’s condominium act, Michigan Lawyers Weekly, August 2012

Condo seeks repairs for series of construction defects, Michigan Lawyers Weekly, July 2013

“Divide-and-conquer” plan nets $276k Settlement, Michigan Lawyer’s Weekly, July 2013

Property Owners Sought Title to Disputed Land, Michigan Lawyer’s Weekly, May 2014

Hush-Hush (How the attorney-client privilege applies to community associations), Common Ground Magazine, May/June 2014

End Reign (How to handle board member bullies), Common Ground Magazine, September/October 2014

Court determines legality of Condominium Association’s Board, Michigan Lawyer’s Weekly, May 2015

Identified Flying Objects (How to handle drones in your condominium association), Common Ground Magazine, September/October 2015

Up & Coming Lawyers, Michigan Lawyer’s Weekly, October 28, 2015

Acts of Faith (How to handle religious issues in community associations), Common Ground Magazine, November/December 2015

Solar Surge (How to handle solar panels in community associations), Common Ground Magazine, July/August 2016

Pokémon Go presents virtual fun, real legal issues, Michigan Lawyer’s Weekly, August 12, 2016

Waters Edge Building more condos in City of Fenton: Lien lifted on property after city agrees to pay $200,000 in alleged unpaid dues, Tri-County Times, November 2, 2016

Condominium Conflicts: Condo lawyers discuss handling potential litigation, compromise, Farmington Press, June 7, 2017

Confederate Flags in HOA’s: The Now, WXYZ, August 28, 2017

The ABCs of HOAs… Why not abiding by the rules can get you in trouble, WXYZ News, September 27, 2017

What you need to know if you’re considering renting out your home for extra cash, WXYZ News, October 6, 2017

Fake emotional support animals, are people gaming the system? WXYZ News, February 1, 2018