Community Association / Construction / Real Estate Law

Community Association,
Construction &
Real Estate Law

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OverviewArticles/BlogsResourcesNews & Events
The attorneys in the Community Association/Construction/Real Estate Practice Group at CMDA provide a wide range of transactional and litigation legal services.  The Community Association Attorneys at CMDA provide a wide range of general counsel services to condominium associations, cooperatives, homeowners associations, summer resort associations and individual co-owners.  The construction lawyers at CMDA provide representation to builders and developers in all aspects of residential and commercial construction and development.  In addition to handling community association and construction law, the lawyers at CMDA also represent individuals and corporate entities in a wide variety of general real estate matters.

Community Association

Assessment Collections
Amendments to the Governing Documents
Bylaw Infractions
Bylaw Interpretation/Opinion Letters
Contract Preparation and Review
Construction Defects
Corporate Governance/Operational Issues
Developer/Successor Developer Liability
Fair Housing Act Compliance Issues
FHA/VA Certification

Construction

Bond/Surety Issues
Construction Liens
Construction and Design Defects
Contract Negotiation, Preparation and Review
Indemnification Claims
Insurance Coverage Disputes

Real Estate

Boundary Disputes/Easements
Development - Commercial
Development - Residential
Financing
Landlord/Tenant - Commercial/Residential Leasing
Land Division Act/Plat Issues
Nuisance/Trespass
Purchase and Sale of Real Property
Quiet Title Actions
Zoning/Land Use Planning
  • Kevin Hirzel Interviewed Regarding Options Short of Litigation to Resolve Condominium Disputes
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    In a recent news article by Sherri Kolade at C&G Newspapers titled Condominium Conflicts: Condo Lawyers Discuss Handling Potential Litigation, Compromise, Kevin Hirzel, Esq. outlined options short of litigation to resolve disputes between Associations and Co-owners.  Mr. Hirzel is quoted as saying, “You can either stay or go. Sue, compromise, or get political by... Read more »
  • Electric Vehicle Charging Stations: Keep your Condominium Association current!
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    Electric vehicles are increasing in popularity throughout the United States and create unique challenges for Michigan condominium associations, especially those that were created before electric vehicles were even contemplated. Experts project that by 2040, at least thirty-five percent of all new cars will have a plug. Accordingly, condominium associations will... Read more »
  • Kevin Hirzel interviewed on the HOA News Forum Podcast on May 30, 2017
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    It was great to be a guest on the HOA News Forum Podcast on May 30, 2017!  A link to the podcast can be found here.  Topics that were discussed are as follows: 1. What are the most common disputes in condominium and homeowners associations? Unauthorized Modifications to the Common... Read more »
  • Brandan Hallaq Obtains Summary Disposition in Favor of Condominium Association
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    Congratulations to Brandan Hallaq, Esq. for winning his first Motion for Summary Disposition before the Honorable Archie Brown in the Washtenaw County Circuit Court. Mr. Hallaq successfully drafted and argued the motion on behalf of a condominium association against a co-owner for numerous bylaw infractions and violations of the Michigan Condominium... Read more »
  • PREEMPTION! The FCC’s Adoption of the OTARD Rules and their Application to Condominium and Homeowners Associations
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                In Section 207 of the Telecommunications Act of 1996 (the “Act”), Congress directed the Federal Communications Commission (“FCC”) to adopt rules concerning Over-the-Air Reception Devices (“OTARD”) in order to provide limitations and guidance on governmental and non-governmental restrictions on viewers’ ability to receive certain over the air telecommunications.  In... Read more »
  • MCL 559.139: Transferring limited common element parking spaces in Michigan Condominiums
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    In densely populated urban areas in Michigan, it is not uncommon for a co-owner to sell another co-owner a parking space at a premium when parking space is limited.  However, condominium associations and co-owners often confuse the process of selling units with the process of selling a limited common element... Read more »

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Condo Law

Coop Law

HOA Law

A “Homeowner Association Act” does not exist in Michigan.  Subdivisions are established under the Michigan Land Division Act.  Most Homeowner Associations that govern subdivisions are setup as nonprofit corporations and are subject to the Michigan Nonprofit Corporation Act.

Summer Resort Law

Michigan Summer Resort Owner Associations are governed by the following:

The Michigan Summer Resort Owners Act

Community Assoc Law

Legal References for Michigan Community Associations:

The Michigan Condominium Act

The Michigan Condominium Act Administrative Rules

The Michigan Nonprofit Corporation Act

Information Resources for Michigan Community Associations:

Community Association Institute – Community Association Institute (CAI) provides information and education to community associations and the professionals who support them.

Community Association Network – The Community Association Network is a great source for national news and articles related to Community Associations.

The Michigan Community Association Network (Linked In) – The Michigan Community Association Network Group on LinkedIn provides a forum for co-owners and those involved in community associations to discuss issues facing community associations.

United Condominium Owners of Michigan (UCOM) – United Condominium Owners of Michigan (UCOM) is dedicated to providing education to Michigan Condominium Associations.

Community Association Groups

Community Association Institute – Community Association Institute (CAI) provides information and education to community associations and the professionals who support them.

Community Association Institute – Michigan Chapter – Community Association Institute (CAI) provides information and education to community associations and the professionals who support them.

The Michigan Community Association Network (Linked In) – The Michigan Community Association Network Group on LinkedIn provides a forum for co-owners and those involved in community associations to discuss issues facing community associations.

The Michigan Condo and HOA Group (Facebook) – The Michigan Condo and HOA Group on Facebook provides a forum to discuss issues relating to Michigan Condominium Law and Michigan Homeowner Association Law.

United Condominium Owners of Michigan (UCOM) – United Condominium Owners of Michigan (UCOM) is dedicated to providing education to Michigan Condominium Associations.

Community Association News

Community Association Network – The Community Association Network is a great source for national news and articles related to Community Associations.

The Michigan Community Association Law Blog – A great source for information on Michigan Community Association Law and News

Government

State of Michigan Business Entity Search – This website can be used to determine whether your Community Association is current on filing all of its annual reports with LARA.

United States Department of Housing and Urban Development – This website will let you know if your Condominium Project has received FHA Certification.

News

2.25.16- Hirzel to Present at Annual CAI Conference and Expo

2.25.16-  Legal Update: How Changes to Periodic Garnishments in Michigan Affect Condominium Collection Practices

2.24.16- Does the Board of a Condominium Association or HOA have a Duty to Enforce the Master Deed, Bylaws or Other Restrictive Covenants as Written?

1.28.16- What Happens When Someone Slips and Falls on Condominium Property?

1.27.16- Michigan Senate Bill 610: A fix to Section 67 of the Michigan Condominium Act or the creation of a new set of problems?

12.23.15- Hirzel Honored at Up & Coming Luncheon

11.04.15- Hirzel Attends CAI Advocacy Summit in Washington, D.C.

10.28.15- Hirzel Selected as 2015 Up & Coming Lawyer

9.16.15- Recent Changes to Nonprofit Corporation Act Could Impact Michigan Community Associations

9.14.15- Kevin Hirzel and Joe Wloszek Selected as 2015 Michigan Rising Stars

9.1.15- Attorney Appointed Chairman of the Legislative Action Committee

6.19.15- Attorney Joins Firm’s Community Association, Construction, and Real Estate Practice Group

6.9.15- Attorneys Participate in CAI Annual Golf Outing

1.9.15 – Kevin Hirzel selected to present on Construction Defect Resolution at the Michigan CAI Conference on 3/13/15

12.8.14 – The Community Association Practice Group launches “The Michigan Community Association Law Blog”

12.8.14 – Kevin Hirzel interviewed by Common Ground Magazine – End Reign – Does your board president rule with an iron fist? You Don’t have to put up with it. Dictators can be toppled. (November/December 2014, p.24)

10.30.14 – Three Attorneys Join Cummings, McClorey, Davis & Acho, PLC

Events

Condominium Law Legislative Update/ Legal Q &A
Date:         10/4/16
Time:        9:00am
Location:  Farmington Hills Manor, 23666 Orchard Lake Road, Farmington Hills, MI 48336
Details:     This seminar is sponsored by the Michigan Chapter of the Community Association Institute Legislative Action Committee and is free to attend.  Please RSVP to lloude@cmda-law.com no later than September 30, 2016 to reserve your seat.

Panel Discussion – Q & A with Legal Counsel
Date:         10/15/16
Time:        8:00am – 2:45pm (Kevin Hirzel’s panel will be from 1:25pm-2:25pm)
Location:  MSU Management Education Center, 811 W. Square Lake Rd., Troy, MI 48098
Details:     This seminar is sponsored by United Condominium Owners of Michigan (UCOM).  The seminar is $125 to attend for members and $175 to attend for non-members.  For additional information please click here.

Site Condominiums and Land Divisions
Date:       11/3/16
Time:        2:00pm – 5:00pm
Location:  The Inn at St. John’s, 44045 5 Mile Rd., Plymouth, MI
Details:     This seminar is sponsored by Real Property Section of the State Bar of Michigan and ICLE as part of the Homeward Bound Series.  General Admission is $95, $85 for members of the State Bar Real Property Section and ICLE Basic Partners and Free for ICLE Premium Partners.  For additional information please click here.

Hot Topics in Condominium and HOA Law
Date:         11/10/16
Time:        6:30pm
Location:  Burton Manor, 27777 Schoolcraft Rd., Livonia, MI 48150
Details:     This seminar is sponsored by Kramer-Triad Management Group and is free to attend.  A buffet dinner will be available for at this presentation.  Please RSVP to lloude@cmda-law.com no later than November 3, 2016 to reserve your seat.

Community Association Institute National Law Seminar: Electric Vehicles and Charging Stations
Date:         1/18/16 – 1/21/16
Location:  Aria Resort & Casino, 3730 S Las Vegas Blvd., Las Vegas, NV 89158
Details:     This seminar is a 4 day event sponsored by CAI’s College of Community Association Lawyers.  The cost is $649 for CAI members that register before December 9, 2016 and $699 after December 9, 2016.  The cost is $749 for non-CAI members that register before December 9, 2016 and $ 795 that register after December 9, 2016. For additional information please click here.

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