Kevin Hirzel

Uncategorized July 21, 2016

MI Court of Appeals Rules that Treasurer Cannot Foreclose on Common Elements

The Michigan Court of Appeals concluded that the trial court correctly set aside the judgment of foreclosure as it was void as a matter of law.  Specifically, the judgment could not have prospective application as it attempted to divide the limited common element garages from the units, which was not allowed pursuant to MCL 559.137(5).  Accordingly, Michigan condominium associations should…
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Technology & Security July 19, 2016

Pokémon Go: What Does Your Condo or HOA Need to Know?

Pokémon Go is different than many mobile games as it allows players to capture, battle and train virtual creatures called "Pokémon" who appear on mobile device screens as though they existed in the real world. Pokémon Go makes use of the GPS and camera in a mobile device and requires players to travel to various locations, which may include homes…
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Bylaw & Covenant Enforcement July 13, 2016

Architectural Control: Sculptures, Statues, Lawn Ornaments, Birdbaths, and Other Items on the Common Elements or Lots

Numerous condominiums in Michigan restrict (or outright ban) sculptures, statues, lawn ornaments, birdbaths or other items pursuant to the condominium documents. Many of these provisions were drafted by the developer when creating the condominium in order to provide uniformity during the sales process. Likewise, many declarants subject a platted subdivision to deed restrictions that also restrict or ban the use of…
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Community Association Governance & Meetings June 1, 2016

Quorum Issues in Michigan Condominium Associations

Typically in the spring or fall, Michigan condominium associations hold annual meetings to elect directors, distribute financial statements to the Co-owners and otherwise provide an update to the membership regarding the status of the condominium.  All too often, the annual meeting is sparsely attended due to Co-owner apathy, which may result in your condominium failing to meet quorum requirements.  This article…
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