Michigan HOA Attorney

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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Rental & Leasing Restrictions June 9, 2016

Allegan County Trial Court Rules that Short-Term Vacation Rentals Violate Deed Restrictions

Technological advancements have increased the ability of individuals to do short-term leasing, as opposed to the traditional long term, six month or greater, leasing arrangement, in particular looking at the new phenomenon of Airbnb.  Websites such as Airbnb, VRBO and Homeaway are often used by short-term lessors and lessees alike to both list and locate short-term rentals. The blog article…
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Board of Directors May 26, 2016

Michigan Court of Appeals Rules that Unincorporated HOA May Govern Under Declaration

In Suttons Bay Yacht Village Condominium Association, et. al. v Board of Representatives of Port Sutton Community, et. al., Docket No. 325327 (May 19, 2016) (Unpublished Opinion), the Michigan Court of Appeals held that an unincorporated voluntary association had the legal authority to administer a declaration as a master homeowners association.  In 1982, a declarant recorded a declaration of covenant,…
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Uncategorized April 27, 2016

Kevin Hirzel to Serve on Host Committee to Re-Elect Justice David Viviano and Justice Joan Larsen

I am honored to serve on the host committee to re-elect Justice David Vivano and Justice Joan Larsen to the Michigan Supreme Court.  They have served the State of Michigan well and are model examples of jurists.  A kickoff event will be held to support their re-election campaign on Thursday, May 5, 2016, at Antonio Cucina Italiana, 2220 North Canton Road, Canton, Michigan,…
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Deed Restrictions February 19, 2016

Michigan Court of Appeals Rules that Amendments to HOA Restrictions Require Unanimous Consent

The Michigan Court of Appeals recently made the following significant rulings that impact Michigan Homeowners’ Associations in Conlin v Upton, Michigan Court of Appeals Docket No. 322458 (November 24, 2015) (Published Opinion): The absence of an amendment provision in the original declaration of restrictions for a subdivision precluded a HOA from later amending its declaration with less than unanimous consent…
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