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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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
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Kevin Hirzel has been named as a Leading Lawyer in real estate law for 2018 by Leading Lawyer’s Magazine. Leading Lawyers have been recommended by their peers to be among the TOP LAWYERS in their areas of practice. Less than 5% of all lawyers licensed in each state have received the distinction of Leading Lawyer. Additional information can be found
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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 In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld
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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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Kevin Hirzel, Esq., a partner and Chair of the Community Association Practice Group at Cummings, McClorey, Davis & Acho, P.L.C. (“CMDA”), has been granted membership in the College of Community Association Lawyers (“CCAL”)—one of fewer than 175 attorneys nationwide to be admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the
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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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