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 →
Kevin Hirzel, Esq. 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 country.
Read More →
In Walters Beach Condominium Association v Home-Owners Insurance Company, unpublished opinion of the Court of Appeals, issued November 16, 2017 (Docket No. 335172), the Michigan Court of Appeals held that water damage caused by construction defects may be covered under a condominium association’s insurance policy. At issue was a rain storm caused water damage to 4 units in the Walters…
Read More →
MCL 559.169 allows for a Michigan condominium association to impose assessments against all co-owners in order to pay for the common expenses that are necessary to operate the condominium. When a co-owner fails to pay assessments, it places a strain on the condominium association’s budget for the year and unfairly results in an increased burden on the remaining co-owners as…
Read More →
Syma Chowdhry of WXYZ (Channel 7) interviewed Kevin Hirzel today regarding first amendment rights to fly the confederate flag on privately owned property and in community associations. Watch "The Now" at 4pm on August 28, 2017 to learn about how a condominium association, homeowner's association, co-op or apartment can legally restrict confederate flags and potential pitfalls for community associations under…
Read More →
Pet restrictions are a perennial topic of interest in Michigan and consistently one of the most discussed, debated and reviewed provisions in the condominium bylaws. For example, some condominium bylaws prohibit "dangerous animals" from being brought to the condominium or kept on the condominium premises.
Read More →
