Community Association / Construction / Real Estate Law

Community Association,
Construction &
Real Estate Law

practice-groups-overview
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
  • Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban
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    Short-term rental websites such as AirBNB, Booking.com, FlipKey, HomeAway, Homestay, House Trip, Roomorama, Tripping.com, Trivago, VBRO and VayStays have become an increasing concern for Michigan condominium and homeowner’s associations that are populated by full time residents. The rise of short-term rental websites has led owners and investors to seek out... Read more »
  • What is the bank’s obligation to pay assessments under the Michigan Condominium Act after a foreclosure?
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    MCL 559.169 allows for a Michigan condominium association to impose assessments against all co-owners in order to pay for the common expenses that are necessary to operate the condominium. When a co-owner fails to pay assessments, it places a strain on the condominium association’s budget for the year and unfairly... Read more »
  • Meet your Legislators’ Day for Condos and HOA’S – 10/4/17
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    The Michigan Community Association Institute Legislative Action Committee is hosting a meet your legislators’ day on Wednesday, October 4, 2017 @ 10:00 am at Karoub Associates, 121 West Allegan, Lansing, MI 48933. **Please RSVP to Joe Gebhardt at jgebhardt@kramertriad.com no later than September 20, 2017.  Please include the names of... Read more »
  • Location and Time Changed for the 9/11/17 Traverse City Condominium Seminar
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    Due to renovations at the TAAR Building, Kevin Hirzel’s Traverse City Condominium Seminar has been moved to the Park Place Hotel and will start at 6:00pm.  The updated information is below: Director Liability and Insurance Basics for Condominiums Date:         9/11/17 Time:        6:00pm Location:  Park Place Hotel (Leelanau/Torch Lake Room),... Read more »
  • WXYZ interviews Kevin Hirzel on Confederate Flags in HOA’s
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    Syma Chowdhry of WXYZ (Channel 7) interviewed Kevin Hirzel today regarding first amendment rights to fly the confederate flag on privately owned property and in community associations.  Watch “The Now” at 4pm on August 28, 2017 to learn about how a condominium association, homeowner’s association, co-op or apartment can legally... Read more »
  • Prohibiting and Handling “Dangerous Animals” in an Association
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    Pet restrictions are a perennial topic of interest in Michigan and consistently one of the most discussed, debated and reviewed provisions in the condominium bylaws.  For example, some condominium bylaws prohibit “dangerous animals” from being brought to the condominium or kept on the condominium premises.  A sample provision may look... 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

Whether you are a seasoned condominium board member or new condominium board member, the following seminars will have something for you.  The seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law.

Michigan Association of Condominium Associations – Western Michigan Fall Conference

Date:         9/9/17
Time:        9:15am – 11:30am
Location:  Grand Rapids Downtown Market – 435 Ionia Ave. SW Grand Rapids, MI 49503
Details:     Free for active members and $25 for non-members.  You can register here.

Director Liability and Insurance Basics for Condominiums

Date:         9/11/17
Time:        6:30pm
Location:  Traverse Area Association of Realtors, 852 S Garfield Ave, Traverse City, MI 49686
Details:     This seminar is sponsored by Monarch Management and is free to attend.  Please RSVP to mwelch@cmda-law.com no later than September 8, 2017 to reserve your seat.

Panel Discussion – Q & A with Legal Counsel

Date:         10/28/17
Time:        8:00am – 2:45pm
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.

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