Tag Archives: Traverse City HOA Lawyer

HB 5260: Exempting Condominiums from the Marketable Record Title Act

As previously discussed in, Amendment to the Marketable Record Title Act puts Michigan Restrictive Covenants at Risk, the Michigan Marketable Record Title Act, MCL 565.101, eq seq., was amended at the end of 2018, via 2018 PA 572, and may have unforeseen consequences for Michigan condominiums and homeowners associations.  As a result of the 2018 amendment to the Michigan Marketable

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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

UPDATE:  This opinion was subsequently reversed by the Michigan Supreme Court on July 24, 2019 in a 5-2 decision.  A copy of the Supreme Court’s opinion can be found here. 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

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