Tag Archives: Macomb County HOA Lawyer

Does Your Community Association Have a Vaping Problem?

Electronic cigarettes (or “e-cigarettes”) were first introduced into the U.S. market in the mid-2000s (see here) but only recently garnered national attention when e-cigarette smokers began developing mysterious lung injuries, some of which have been fatal (see here). As of July 2019, 8% of Americans reported vaping (smoking an e-cigarette) within the past week, with almost 1 out of every

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HB 5260: Exempting Condominiums from the Marketable Record Title Act

As previously discussed in, Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk, the Michigan Marketable Record Title Act, MCL 565.101, eq seq., was amended at the end of 2018, via 2018 PA 572, and may have unforeseen consequences for Michigan condominiums and homeowners associations.  As a result of the 2018 amendment to the Michigan Marketable

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HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines

On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving improvement.” The proposed bill would be extremely problematic for Michigan community association’s for several reasons. First, HB 6304 is problematic as there may

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Michigan Court of Appeals rules that modular home violates restrictive covenants

UPDATE:  This opinion was subsequently reversed by the Michigan Supreme Court on July 24, 2019 in a 5-2 decision.  A copy of the Supreme Court’s opinion can be found here. In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially

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WXYZ Detroit interviews Kevin Hirzel on short-term rental laws and AirBnB in Michigan

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding short-term rentals.  The interview discusses the impact of local ordinances, condominium bylaws and homeowners association bylaws on short-term rentals and AirBnB use.  The interview also discusses insurance and liability implications associated with AirBnB use.  The full interview can he found here.  Kevin Hirzel is the Managing Member of Hirzel Law, PLC and

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WXYZ interviews Kevin Hirzel on enforcing HOA Restrictions

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the enforcement of HOA Restrictions and the importance of understanding the restrictions before buying into an HOA.  Purchasers that buy a lot in a deed restricted community that has a Homeowner’s Association are on constructive notice of any recorded restrictions and will generally be bound by them, except for a few

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WXYZ interviews Kevin Hirzel on Confederate Flags in HOA’s

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

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