HIRZEL LAW WINS ZOOM BENCH TRIAL! COURT HOLDS THAT EXTENSIVE SHORT-TERM RENTALS VIOLATED RESIDENTIAL USE RESTRICTIONS

Kevin Hirzel, Kayleigh Long and Michael McCulloch of Hirzel Law, PLC represented the Cherry Home Association in this case. In Cherry Home Association v. Keith Barker, et. al., the Leelanau County Circuit Court held that several lot owners violated residential use restrictions by engaging in extensive online short-term rentals.  After holding one of the first zoom bench trials in the […]

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MCL 559.154: What is the difference between arbitration and mediation?

Conflict is inevitable when co-owners live in close proximity in a condominium association.  Whether it is a barking dog, loud music or unpleasant odor, it is important that a condominium association has a mechanism to resolve disputes between co-owners.  Many condominium associations resolve disputes by commencing an action in circuit court to enforce the master deed and bylaws as permitted […]

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MCL 559.152: When do the co-owners elect directors after developer control?

Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control.  In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely exit the condominium.  However, the […]

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Does your condominium association keep track of mortgages?

Michigan condominium associations are required to keep a number of different types of records.  One type of record that condominium associations are required to keep, which is often overlooked, is a record of each mortgage that is placed on any condominium unit in the condominium project.  A mortgagee, which is most often a bank, is a person or corporate entity […]

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Has your condo association adopted building access and use rules in response to COVID-19?

It is important that Michigan condominium associations are proactive in protecting the health and safety of the co-owners during the coronavirus pandemic.  As previously noted by the Michigan Court of Appeals: Inherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living […]

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Court rules Site Condominium Unit was rebuilt in accordance with Master Deed

In DeCaminada v Hammond, unpublished opinion of the Court of Appeals, issued February 18, 2020 (Docket No. 345847), the Michigan Court of Appeals ruled that the co-owners of a site condominium unit who constructed a larger home, after losing their home in a fire, had constructed the home “substantially” in accordance with the master deed.  The Court determined that the […]

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