Traverse City HOA Attorney

Firm News January 31, 2017

Congratulations to Kevin Hirzel: Appointment to CAI National Government & Public Affairs Committee

The Community Associations Institute ("CAI") Board of Trustees recently appointed Kevin M. Hirzel, Esq. to the national Government & Public Affairs Committee for a two year term from January 1, 2017 through December 31, 2018.  CAI is an international membership organization with more than 34,000 members in partnership with 60 chapters around the globe. CAI provides information, education and resources to…
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Community Association Governance & Meetings January 31, 2017

How to Revive a Defunct Michigan Homeowners Association

When a developer starts a project in Michigan, often it is easier/cheaper to create a site condominium or a homeowner’s association (“HOA”) rather than platting single family homes. As the developer sells enough units, control of the site condominium or HOA transfers to the homeowners in the project. Once the transition occurs, it is the homeowners’ responsibility for making sure…
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Fair Housing October 19, 2016

Can Clearly Unenforceable Deed Restrictions Create Potential Liability for Your Association?

In 1948, the United States Supreme Court in Shelley v. Kraemer, 334 U.S. 1 (1948) declared that racially restrictive deed restrictions violated the Fourteenth Amendment and would not be enforced by the courts. However, it remained legal for property owners and realtors to discriminate on the basis of race privately. It took a full twenty years after the Supreme Court’s…
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Community Association Governance & Meetings 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 al., Docket No. 325327 (May 19, 2016) (Unpublished Opinion), the Michigan Court of Appeals held that an unincorporated voluntary association had the legal authority to administer a declaration as a master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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