Tag Archives: Michigan HOA Lawyer

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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ALLEGAN COUNTY TRIAL COURT RULES THAT SHORT-TERM VACATION RENTALS VIOLATE DEED RESTRICTIONS

As mentioned in our previous blog article, 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

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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 al., Docket No. 325327 (May 19, 2016) (Unpublished Opinion), the Michigan Court of Appeals held that an unincorporated voluntary association had legal authority to administer a declaration as a master homeowners association.  In 1982, a declarant recorded a declaration of covenant, conditions,

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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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Encouraging Lenders to Foreclose: Don’t let your Condominium and HOA units sit vacant without collecting assessments

Even though the real estate market is gradually improving, condominium and homeowner communities are still faced with instances where a delinquent member abandons their unit/home and stops mortgage payments, but the lender does not foreclose.   While condominium associations often believe they are “stuck” in these types of situations as the unit/home owner is uncollectable, and the lender will not foreclose,

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Taxes in Your Michigan Condominium or Homeowners’ Association: Is Your Association Current with the IRS?

As April 15th approaches, many Michigan residents are reviewing various sources of gross income, tax credits and tax deductions in order to prepare individual or joint income tax returns.  In addition to personal income taxes, newer directors may be unaware that their condominium or homeowners’ association is also required to file federal income taxes on an annual basis.  For the

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Michigan Court of Appeals rules that HOA Developer is subject to the Michigan Consumer Protection Act

In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from compliance with the Michigan Consumer Protection Act, MCL 445.901 et seq.  The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically authorized to build homes under

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