Michigan Court upholds condo association fines for unauthorized wind turbine and generator

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In Oak Valley Estates Homeowners Association v Georgetta Livingstone, Unpublished Opinion of the Michigan Court of Appeals, Docket No. 338292 (January 22, 2019), the Michigan Court of Appeals upheld a monetary judgment in favor of a condominium association, for fines and attorney’s fees and costs, after granting an injunction requiring that a co-owner remove solar panels, a wind turbine and

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#communityassociationstoo: Community Associations’ Liability for Sexual Harassment Under HUD’s Hostile Environment Rules

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In the summer of 2013, Kayla West began looking for a house to rent in Georgia. She came across a rental home owned by DJ Mortgage, LLC, and contacted Gene Andrews, DJ Mortgage, LLC’s property and leasing manager. Ms. West entered into a lease agreement for the rental property, and between August 2013 and October 2013, Ms. West alleged that

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Amendment to the Marketable Record Title Act puts Michigan restrictive covenants at risk

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On December 31, 2018, SB 671 was enacted into law, via 2018 PA 572, in order to amend the Michigan Marketable Record Title Act. SB 671 was a lame duck bill that may have drastic consequences for Michigan condominiums and homeowners’ associations in the future.  Based on the amendment to the Michigan Marketable Record Title Act, in certain circumstances, Michigan

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Kevin Hirzel Speaks with Detroit News about GM Potential Sale of the Millender Center in Downtown Detroit

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Kevin Hirzel, Managing Partner of Hirzel Law, PLC, was recently quoted in the Detroit News regarding General Motors Co.’s plans to sell the downtown Detroit Millender Center to potentially more than one buyer.  The article discusses current plans to convert the property into “building condominiums.”  Downtown Detroit’s revitalization has created new opportunities for owners, investors and small businesses.  Any potential

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Legal marijuana: How will it impact Michigan condominium associations?

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Michigan became the 10th state to legalize the recreational use of marijuana when voters approved Proposal 1 and enacted the Michigan Regulation and Taxation of Marihuana Act (the “Act”) on November 6, 2018. The highlights of the Act are as follows: A person that is at least 21 years or older may possess or consume marijuana. A person may possess

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Announcing the Addition of Courtney Q. Moore, Esq. and Kayleigh B. Long, Esq.

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Hirzel Law, PLC Welcomes Courtney Q. Moore, Esq. and Kayleigh B. Long, Esq. to the Firm.  Courtney Q. Moore, Esq. joined Hirzel Law, PLC in October of 2018. Ms. Moore focuses her practice on community association law and real estate law. She graduated from the University of Detroit Mercy School of Law and was admitted to the State Bar of

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

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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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