Tag Archives: Hirzel Law

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

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

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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MCL 559.234 and Mich Admin R 559.111: Know the rules related to shared recreational facilities in Condominiums

Recreational facilities in condominiums are often one of the many amenities that draw potential purchasers to a particular condominium.  Co-owners enjoy the use of recreational facilities such as barbeques, basketball courts, boat launches/slips, clubhouses, gyms, parks, picnic areas, pools, private lakes, saunas, spas or tennis courts in many condominiums.  Many recreational facilities are common elements that are located within a

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Hirzel Law on Fox 2 News involving controversial Westland boundary dispute

Hirzel Law, PLC has been hired to resolve a boundary dispute between the owners of lots in a platted subdivision and the developer of a proposed 88 unit site condominium in Westland, Michigan.  The attorneys at Hirzel Law, PLC have had previous success in representing clients on issues related to adverse possession and acquiescence.  The proposed development is on the

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Can a Michigan condominium ban solar panels?

  Approximately 25 states have adopted some form of a solar access statute that makes it illegal for condominium bylaws to contain a provision that completely bans the installation of solar panels. There are approximately 15 different states that have adopted solar easement statutes that uphold the validity of contractual easements for solar access. A full list of states that

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Hirzel Law, PLC featured in Michigan Lawyers Weekly

The Michigan Lawyer’s Weekly published an article on the formation of Hirzel Law, PLC by Kevin Hirzel, Matt Heron, Joe Wloszek, John Calvin, Brandan Hallaq and William Kolobaric. Kevin Hirzel, the managing member of Hirzel Law, PLC, discussed the depth of experience of the attorneys at Hirzel Law, PLC in condominium and homeowners association law. Specifically, Hirzel stated that “[w]e

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Wi-Fi issues in your condominium association or HOA

Wi-Fi has become a necessity for almost anyone who lives in a condominium association.  However, the law is often slow to evolve to new technologies and many master deeds or declarations were drafted before Wi-Fi even existed.  As a result, potential legal issues related to Wi-Fi use are rarely addressed in the governing documents of community associations. Accordingly, condominium and

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