Tag Archives: Traverse City HOA Lawyer

HB 6304: HOA’s could not ban or require approval for solar panels, clothes lines or wind turbines

On September 5, 2018, Rep. Sheldon Neeley introduced HB 6304 in order to invalidate provisions in the governing documents of homeowners’ association that ban “energy-saving improvements” or require approval from a homeowner’s association to install an “energy-saving improvement.” The proposed bill would be extremely problematic for Michigan community association’s for several reasons. First, HB 6304 is problematic as there may

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Mailboxes in Michigan Condominiums and HOAs

In many Michigan condominiums and HOAs, the governing documents contain a provision creating an Architectural Control Committee (“ACC”) tasked with maintaining the overall aesthetics of structures within the community.  Normally, when an owner wishes to modify a structure, the owner may petition the association’s ACC for approval.  If the owner is denied the requested modification, this can lead to claims

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Kevin Hirzel named as a 2018 Leading Lawyer in Michigan by Leading Lawyers Magazine

Kevin Hirzel has been named as a Leading Lawyer in real estate law for 2018 by Leading Lawyer’s Magazine.  Leading Lawyers have been recommended by their peers to be among the TOP LAWYERS in their areas of practice. Less than 5% of all lawyers licensed in each state have received the distinction of Leading Lawyer.  Additional information can be found

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Michigan Court of Appeals affirms Short-Term Rental Ban in Restrictive Covenant

As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30,

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Kevin M. Hirzel, Esq. Admitted to College of Community Association Lawyers (“CCAL”)

Kevin Hirzel, Esq., a partner and Chair of the Community Association Practice Group at Cummings, McClorey, Davis & Acho, P.L.C. (“CMDA”), has been granted membership in the College of Community Association Lawyers (“CCAL”)—one of fewer than 175 attorneys nationwide to be admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the

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Michigan Court of Appeals rules that modular home violates restrictive covenants

In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated home violated the restrictive covenants in the Timber Ridge Bay Subdivision.  Specifically at issue were restrictive covenants that provided as follows: COVENANTS, RESTRICTIONS AND CONDITIONS Section 1. Establishment of

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WXYZ Detroit interviews Kevin Hirzel on short-term rental laws and AirBnB in Michigan

WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding short-term rentals.  The interview discusses the impact of local ordinances, condominium bylaws and homeowners association bylaws on short-term rentals and AirBnB use.  The interview also discusses insurance and liability implications associated with AirBnB use.  The full interview can he found here. Kevin Hirzel is a Partner and Chair of the Community Association

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