Continuity Planning for Michigan Community Associations

“Plan for what it is difficult while it is easy, do what is great while it is small.” Sun Tzu During this time of economic uncertainty and concerns over the COVID-19 pandemic, community associations should take an ‘inventory’ of the current conditions of the association and have a continuity plan in place just in case something tragic happens. For example, what happens if the […]

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Michigan Court of Appeals rules that the failure to hold annual meetings does not deprive a nonprofit corporation's board of directors of authority to act on behalf of the corporation

Kevin Hirzel and Brandan Hallaq of Hirzel Law, PLC represented the Channel View East Condominium Association in this case. On July 2, 2019, the Michigan Court of Appeals issued an Opinion in Channel View East Condominium Association, Inc v Gregory V Ferguson, unpublished per curiam opinion of the Court of Appeals, issued July 2, 2019 (Docket No. 344149). The issue […]

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Mailboxes in Michigan Condominiums and HOAs

In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community.  Normally, when an owner wishes to modify a structure, the owner may petition the association’s ACC for approval.  If the owner is denied the requested modification, this can lead to claims […]

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Case Law Update: Nottingham Village Condo Ass'n v. Pensom: Litigation Evaluation Meetings

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit.  These provisions range from the rather mundane to extremely onerous. In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld […]

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Should your Community Association have a Holiday Party?

Introduction With Christmas just around the corner, many community associations are currently planning parties to celebrate the holiday season. Holiday parties are a great way to bring the community together and converse with your neighbors. These parties frequently involve the catering of food and alcohol as well as live entertainment which helps foster community participation. While holiday parties are generally […]

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Condominium and HOA Update: Upcoming Changes to LARA Corporate Filing Submissions Starting October 30, 2017

At least once a year, property managers, attorneys or the association itself files corporate documents with the State of Michigan’s Department of Licensing and Regulatory Affairs (“LARA”) on behalf of the association.  In a Michigan condominium association or homeowners association, certain documents such as Amended and Restated Articles of Incorporation or a Change in Resident Agent may be filed infrequently.  However, each […]

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