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 Hirzel, Esq. 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 country.
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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 A copy of the Supreme Court's opinion can be found here.In Thiel v Goyings, unpublished opinion of the Court of Appeals, issued August 8, 2017 (Docket No. 333000), the Michigan Court of Appeals held that the construction of a partially prefabricated…
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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.
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WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding the enforcement of HOA Restrictions and the importance of understanding the restrictions before buying into an HOA. Purchasers that buy a lot in a deed restricted community that has a Homeowner's Association are on constructive notice of any recorded restrictions and will generally be bound by them, except for a few…
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In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant expired.
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