Tag Archives: South Lyon Condominium Attorney

CBD Oil: Does it violate the prohibition on illegal activity in your condominium bylaws?

Michigan is one of the most progressive states when it comes to decriminalizing marijuana use for medicinal and recreational purposes.  Accordingly, it should be no surprise that cannabidiol (“CBD”) oil is becoming commonplace on supermarket shelves and in other retailers in Michigan.  As discussed in Recreational Marijuana: How will it impact Michigan Condominium Associations, marijuana is still illegal under federal

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MCL 559.149: How to subdivide condominium units under the Michigan Condominium Act

Michigan condominium associations and co-owners should be aware that the Michigan Condominium Act, MCL 559.101, et seq., contains a specific procedure that allows for condominium units to be divided.  A single co-owner may purchase a large site condominium unit and later decide to divide the lot into two separate units.  However, condominium associations should be aware that an amendment to

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Michigan Court of Appeals rules that co-owner is responsible for pre-existing bylaw violations after purchasing condominium unit

Kevin Hirzel, Brandan Hallaq and Kayleigh Long of Hirzel Law, PLC represented the Fox Pointe Association in this case. In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of Appeals held that a co-owner was responsible for the pre-existing bylaw violations of a prior co-owner after

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MCL 559.148: How to relocate unit boundaries under the Michigan Condominium Act

Michigan condominium associations and co-owners should be aware that the boundaries of condominium units are not necessarily fixed and may be changed provided that certain requirements are satisfied under the Michigan Condominium Act, MCL 559.101, et seq.  By way of example, a single co-owner may purchase adjoining condominium units in a traditional attached condominium and desire to relocate the boundaries

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Court rules that the Michigan Condominium Act permits bylaws to allow for an Association to recover attorney’s fees for defending a lawsuit

In Stadler v Fontainebleau Condominiums Association, unpublished opinion of the Court of Appeals, issued April 11, 2019 (Docket No. 343303), the Michigan Court of Appeals held that the plain language of the condominium bylaws permitted the condominium association to recover attorney’s fees and costs for successfully defending a co-owner’s lawsuit.  The court further held that the condominium bylaws were enforceable

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Avoiding Religious Discrimination Claims in Condominiums and HOA’s

Overview of Religious Discrimination under the Fair Housing Act The Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq. prohibits a condominium association or homeowners’ association from discriminating against a potential purchaser or an owner based upon religious beliefs.  42 U.S.C. §3604 provides in pertinent part: As made applicable by section 3603 of this title and except as exempted

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Michigan Court upholds condo association fines for unauthorized wind turbine and generator

In Oak Valley Estates Homeowners Association v Georgetta Livingstone, Unpublished Opinion of the Michigan Court of Appeals, Docket No. 338292 (January 22, 2019), the Michigan Court of Appeals upheld a monetary judgment in favor of a condominium association, for fines and attorney’s fees and costs, after granting an injunction requiring that a co-owner remove solar panels, a wind turbine and

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