Tag Archives: Traverse City HOA Lawyer

WXYZ interviews Kevin Hirzel on enforcing HOA Restrictions

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

Read more

Court rules that Michigan HOA cannot collect assessments after restrictive covenant expires

In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant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. In Deghetto, the plaintiffs were the owners of multiple lots in six separate subdivisions in Highland Township, Michigan

Read more

Why Every Condominium and Homeowners Association Should Trademark its Name and Logo

Over the past decade, the popularity of living in a common interest community, particularly condominium and homeowners associations, has risen significantly. According to recent statistics provided by Community Associations Institute, there are over 340,000 community associations, over 26 million housing units, and over 68 million residents living in these associations in the United States. As these numbers continue to grow,

Read more

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

Read more

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

Read more

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

Earlier this year, Channel 7 WXYZ did an exposé on a Bloomfield Township homeowners association called Wing Lake Farms, which had a 1948 deed restriction that states: Second: That no lot, or any part thereof, shall be sold, conveyed, rented, leased or loaned by either party hereto to any person not of the pure, unmixed, white, Caucasian Gentile Race, nor

Read more

Michigan Court rules that recreational use of a camper violates deed restrictions

In Vansteenhouse v Winslow, issued June 28, 2016 (Docket No. 326224) (Unpublished Opinion) the Michigan Court of Appeals was required to determine whether a property owner violated deed restrictions by having a camper on their property. The deed restrictions indicated, “All lots sold within said Subdivision are to be used for residential purposes only….” The restrictions also stated that “[a]ll

Read more
« Older Entries Recent Entries »