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 […]

Read more

Court rules that tax foreclosure does not extinguish obligations in the master deed and that "need not be built" units ceased to exist

The Michigan Court of Appeals decided several important issues in favor of Michigan condominium associations on December 14, 2017 in Ferry Beaubien LLC v Centurion Place on Ferry Street Condominium Association, unpublished opinion of the Court of Appeals, issued December 14, 2017 (Docket No. 335571).  Specifically, the court of appeals made the following rulings: The master deed and condominium bylaws […]

Read more

Michigan court rules in favor of condominium association in interpreting newly amended MCL 559.167 (SB 610)

Kevin Hirzel recently scored an important victory for Michigan condominium associations in Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017).  The Oakland County Circuit Court held that the  MCL 559.167, as amended by 2016 PA 233, does not recreate “need […]

Read more

Legal Update: House Bill 4861 (2015): Only Resident Co-owners Would Be Eligible for the Board of Directors

On September 10, 2015, representative Michael McCready introduced House Bill 4861, which would modify the Condominium Act, MCL 559.101, et. seq.  Importantly, the major change to the law would be the addition of the following new Section 52(5): (5) An individual is not eligible to be elected to the Board of Directors by nondeveloper co-owners unless the individual is a […]

Read more

Transitioning from Developer Control to Nondeveloper Co-owner Control: Five Practical Steps Every Condominium Should Take

Every community association in Michigan undergoes a transition or “turnover” phase whereby the control of the community association changes from developer control to owner control.  In Michigan, the transition process for condominiums is governed by the Condominium Act, MCL 559.110, et al. Unfortunately, homeowner associations are not included in the Condominium Act and are solely governed by the terms in […]

Read more

A Board of Directors' Guide to Resolving Common Element Construction Defects in a Michigan Condominium

Michigan condominium associations are responsible for the maintenance and repair of the general common elements.  While many condominium associations budget for repairs and maintenance of the common elements over an extended period of time, most associations are unprepared to address common element construction defects caused by a developer’s inadequate design, use of defective or substandard materials, insufficient site testing or […]

Read more