The new Michigan law passed on July 8, 2024, takes effect March 19, 2025 (i.e. 91 days after the end of the final regular 2024 legislative session). The new law essentially prohibits homeowners associations from banning improvements that result in energy saving, such as clothes lines, rain barrels, reflective roofing, energy efficient windows and appliances, […]
Corporate Transparency Act
This Federal law was enacted in 2021 to curb illicit finance and now requires all corporations which were created or registered to do business in the United States to report information about the individuals who ultimately own or control them, including directors of community associations. Read the article…………………………….
Michigan Passes Homeowners’ Energy Act, Negating Many HOA Restrictions on Energy-Saving Improvements
The Michigan Legislature recently approved the Homeowners’ Energy Policy Act (the “Act”). A goal of the Act is to promote energy saving activities and uses by eliminating prohibitions against them. When effective, it will negate numerous commonly imposed neighborhood and homeowners’ association restrictions such as prohibitions/restrictions against: Read the article…………………………….
Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law (MI)
In Hills of Oakland Subdivision Association v. Victoria M. Seibert, the Michigan Court of Appeals ruled that “swim spas” meet the common usage of the term “swimming pool,” which is an important precedent for community association law. Many associations’ governing documents include explicit prohibitions on above ground swimming pools. Read the article…………………………….
Top 4 Legal Considerations for Gated Communities in Michigan: What Condos and HOA’s Need to Know
Imagine living in an exclusive, gated condominium community where security and privacy are top priorities. Whether your home is nestled in a suburban site condominium or perched in a sophisticated downtown high-rise, the added peace of mind a gated community provides is a major selling point for many. In fact, a recent study shows that […]
It’s Election Time Again: Can Your Community Association Regulate Political Signs? (MI)
Each election season, we receive questions about political signs in condominiums and homeowners associations. Can community associations restrict political signs, and what are some of the considerations? Read the article…………………………….
Understanding Breach of Fiduciary Duty by Developer-Appointed Directors in Condominium Associations (MI)
Many co-owners volunteer to serve on the board of directors because they believe that they can lead their condominium association in a positive direction. This belief is essentially what it means to fulfill their duty as a fiduciary: to act in good faith, loyally to the association, and avoiding self-dealing. If the association believes that […]
Indemnification in Community Associations (MI)
Indemnification is a contractual or statutory obligation for one party to compensate or defend another party for its liability or losses. Homeowners associations and condominium associations may encounter indemnification in their relationship with their directors, officers, and management companies. Read the article…………………………….
Developer Turnover: 8 Things Michigan Condo Associations Must Know when Negotiating with a Developer to Avoid Paying for Construction Defects
Successfully transitioning control of a condominium association from the developer to the co-owners is critical for the long-term success of any Michigan condominium. When a developer exits a condominium project, it often requests a release of liability from the co-owner controlled board of directors. An experienced developer has an inherent advantage in negotiating a release […]
Understanding the Michigan Reserve Study Bill: Essential Updates for Condominium Associations
Did you know that Michigan’s HB 5019, a new bill pending in the Michigan House, aims to bring significant changes to the way condominium associations manage their reserve funds? Currently, Michigan law requires that condominium associations maintain a reserve fund for major repairs and the replacement of common elements. The state administrative code mandates that […]
How HOA’s can Enforce CC&Rs
A concerned owner or board member should send a formal demand letter to the board requesting that specific action be taken to enforce the CC&Rs. For board members, proposing a motion at a board meeting to enforce bylaws is a good option even if it may be voted down. Many states recognize liability protections for […]
Michigan Supreme Court Rules: Co-Owner May Maintain Lawsuit against Association for Injuries Sustained on Common Elements
In a divided opinion, the Michigan Supreme Court recently ruled that a condominium co-owner who was injured while on common elements of a complex can maintain a premises liability action against a condominium association. In the case of Janini v. London Townhouses Condominium Association (Docket No. 164158; decided July 11 2024). The court held: Read […]
Condominium Association’s Legal Duty to Co-Owners: Key Takeaways from Janini v. London Townhouses (MI)
Recently, the Michigan Supreme Court decided the case of Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), concluding that a co-owner of a condominium unit is an invitee under Michigan law if that person enters the common elements of the condominium, and due to this status, the condominium association owes […]
Michigan Supreme Court Opinion and Co-owner Premises Liability Claims Against Condominium Associations
On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a co-owner of a condominium unit can bring a premises liability action against the condominium association. Condominium […]
What Your Community Association Needs to Know About Pickleball (MI)
Pickleball. It’s the fastest growing sport in America for the past three years in a row, even if it has a silly name (rumor is that it was named after one of the inventor’s dog, Pickles). But there is no denying that pickleball has a large number of enthusiasts that range from young kids to […]
The Importance Of Board Meeting Minutes (MI)
Association boards have legal, financial, and ethical responsibilities for the organization they lead. Individual directors in turn have a legal duty to act with due care in their service to the association. This involves attending meetings, providing legitimate oversight, and using their best independent judgment in making business decisions. An essential aspect of this responsibility […]
HB 5028 Passes: A Michigan HOAs’ Guide to Solar Panels and Energy-Saving Improvements under the Homeowners’ Energy Policy Act
The Michigan legislature recently enacted the Homeowners’ Energy Policy Act, 2024 PA 68, which imposes new requirements on Michigan homeowners associations with respect to installing solar panels and other energy-saving improvements. The Homeowners’ Energy Policy Act, MCL 559.301 et. seq. will prevent homeowners associations from completely banning solar panels and other energy-saving devices when it […]
Michigan Supreme Court Opinion And Co-Owner Premises Liability Claims Against Condominium Associations
On July 11, 2024, the Michigan Supreme Court issued a pivotal decision in Janini v. London Townhouses Condominium Association that directly affects how co-owners can pursue claims against condominium associations. In this landmark decision, the court ruled that a co-owner of a condominium unit can bring a premises liability action against the condominium association. Condominium […]
Condo Owner Can Sue Over Icy Sidewalk, Mich. Justices Rule
A condominium owners’ association can be sued by a member who slipped on ice in a common area, the Michigan Supreme Court ruled Thursday, finding an association has a duty to……. Read the article…………………………….
Should You Discount Assessments for Board Members? (MI)
When managing a community association, the question of whether board members should receive discounts on their assessments can arise. While it might seem like a small gesture of appreciation for their volunteer service, there are several reasons why this practice is not in the best interest of the community. Read the article…………………………….
Michigan’s New Renewable Energy Siting Law and its Implications on Municipalities
Governor Gretchen Whitmer previously signed House Bill 5120 (now Public Act 233 of 2023) into law in November 2023. The regulations, which specifically affect municipalities and developers, create a new siting path for utility-scale wind, solar, and energy storage facilities with the Michigan Public Service Commission (“MPSC”) and become effective on November 29, 2024. Once […]
New Homeowners’ Energy Policy Act Impacts All Community Associations In Michigan
The State of Michigan adopted Public Act 68 of 2024, known as the “Homeowners’ Energy Policy Act” (the “Act”). Although it was signed by the Governor on July 8, 2024, it is not yet in effect, and is scheduled to go into effect in early 2025. This Act impairs the ability of condominium and subdivision […]
Installing Solar Panels In Michigan In 2024
Michigan aims to produce 60% of its electricity from renewable sources and phase out coal power plants by 2030. Although the state has been a leader in wind power production, Michigan’s solar energy capacity has been largely undeveloped until recently. As it rapidly boosts its renewable energy generation, numerous opportunities exist for contractors to install […]
Private property rights are more important than ‘local control’ (MI)
A new law is set to take effect in Michigan that would prohibit homeowners associations from limiting installation of solar panels, electric vehicle charging stations, energy efficient windows and other energy-saving improvements. It would also prevent associations from banning clotheslines. Read the article…………………………….
What is an HOA and do you have to join? 7 key things to know in Michigan.
Living in a Michigan homeowners association can come with its pros and cons. Debates over imposed rules, violation notices and fines can quickly become the hot topic of a neighborhood. Read the article…………………………….
Energy bill affecting HOA’s on Governor’s desk (MI)
A bill to invalidate certain provisions in homeowners’ association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe penalties and remedies; and to provide for the powers and duties of certain […]
4 Step Process to Enforcing Condominium Bylaws
Enforcing condominium bylaws is essential for maintaining the harmony and integrity of a community. At Hirzel Law, we understand the complexities involved in this process and offer a straightforward four-step approach to ensure compliance and resolve conflicts effectively. Here’s a detailed guide on how to enforce condominium bylaws, incorporating our expert process: Read the article…………………………….
Real Property — Condominium – Short-term rental (MI)
Where a plaintiff condominium association filed a complaint to enjoin the use of a condominium unit as a short-term rental, an award of summary disposition in favor of the defendant unit owner must be affirmed on mootness grounds since the unit has been sold. Read the article…………………………….
Plugging into Progress: What HB 5109 means for Electric Vehicle Charging Stations in Michigan Condominiums
HB 5109 was introduced by the Michigan Legislature in 2023 to provide more flexibility for Michigan condominium associations when considering requests for co-owners to install electric vehicle charging stations. Specifically, as will be discussed below, HB 5109 would amend MCL 559.147, of the Michigan Condominium Act, to address co-owner modification requests for electric vehicle charging […]
Ensuring Financial Stability: When to Initiate the Collection Process for Condominium Associations (MI)
Condominium associations occupy a critical role in maintaining the economic health of community living spaces, balancing the delicate intersection of collective responsibility and individual financial obligations. Ensuring financial stability within these communities hinges on the timely and effective management of assessment collections—a process crucial for sustaining essential services and upholding community standards Read the article…………………………….
Untenable Tenants! How To Address Problem Renters In Your Condominium (MI)
Tenants in condominium communities are often viewed as challenging, since they may not be familiar with condominium living. Because of this lack of experience, tenants may interfere with management, refuse to maintain the decorum required by the bylaws, or damage general common elements. This article addresses how to deal with the unruly tenant, outlines the […]
Understanding Landscaping Architectural Requirements for Co-owners
When it comes to maintaining the aesthetic and functional integrity of shared properties, understanding the landscaping architectural requirements is crucial for co-owners. Whether you are part of a homeowners association (HOA), a condominium association, or any other type of residential community, staying informed about these regulations can help you avoid legal pitfalls and ensure your […]
Important Construction Contract Provisions for Major Repairs in Condominiums & HOAs (MI)
The overwhelming majority of condominium and homeowners associations will, at some point in time, need to enter into a large construction contract for a major repair or replacement. Complex construction contracts are more frequent in condominiums, where associations have a much larger number of items that they are responsible for maintaining. However, even smaller homeowners […]
Nightmare Board Meetings (MI)
We have all been there at some point – a nightmare board meeting. This is the meeting that never seems to end. It is unorganized and chaotic. A nightmare meeting is the meeting where Ms. Smith, the longtime resident, shows up with a laundry list of complaints and completely derails the board’s meeting agenda. It […]
UPDATE: The Deadline to Record a Notice Under the Michigan Marketable Record Title Act Has Been Extended to September 29, 2025
Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of […]
Marketable Record Title Act 2024 Amendment Update (MI)
We are pleased to announce the Governor signed Senate Bill 721 into law March 28, 2024, which extends the deadline for compliance with the Marketable Record Title Act notice requirements from March 29, 2024 to September 29, 2025. Read the article…………………………….
Deadline Regarding The Marketable Record Title Act (MI)
The Michigan State legislature amended the Marketable Record Title Act (MRTA) in 2019. While many community association boards and managers may not be familiar with the MRTA since its provisions historically have not affected community association administration, the 2019 amendments make it necessary for some homeowners associations to act before March 29, 2024. Subdivisions/homeowners associations […]
Unlocking Success: Using Legal Representation Over Collection Agencies for Delinquent Condominium Assessments
Community associations in Michigan play a crucial role in maintaining the integrity and functionality of shared living spaces. However, when faced with delinquent condominium assessments, these associations often encounter significant challenges in recovering the owed amounts. While some may consider turning to collection agencies as a solution, there are compelling reasons why community associations should […]
MCL 599.211: Who Is on the Hook for Those Unpaid Assessments? (MI)
Imagine this. After weeks, months, or maybe even years of searching, you finally found the condo unit of your dreams and have decided to make it your own. There’s only one issue—unpaid condo association assessments on the unit. Fear not, the Michigan Condo Act provides clarity on matters of this sort. Read the article…………………………….
Key Rulings for Condominium Associations in Square Lake Hills Association v Russel Garland and Highlander Group MMC, Inc. (MI)
On March 23, 2023, the Michigan Court of Appeals decided several important issues in favor of Michigan condominium associations. In Square Lake Hills Association v Russel Garland and Highlander Group MMC, Inc et al, unpublished opinion of the Court of Appeals, (Docket No. 360405), the Court of Appeals made the following rulings: Read the article…………………………….
HOA Transitions from Declarant to Homeowner Controlled Boards
Transitioning an association from a developer-controlled Board to a homeowner-controlled Board can be a complex process with various challenges. However, with careful planning and execution, it can be a smooth and successful endeavor. In this guide, we’ll explore the essential steps and considerations for the newly elected HOA Board members to ensure a seamless transition, […]
How to Fix the Roads in your Condo or HOA: Increase Assessments or A Special Assessment District? (MI)
The majority of new residential condominium and subdivision developments in the State of Michigan are established with private roads. When a new condominium project or subdivision is established with private roads, the roads are typically identified as a “common element” or a “common area” and are owned collectively by all members of the applicable condominium […]
MCL 599.211: Who Is on the Hook for Those Unpaid Assessments? (MI)
Imagine this. After weeks, months, or maybe even years of searching, you finally found the condo unit of your dreams and have decided to make it your own. There’s only one issue—unpaid condo association assessments on the unit. Fear not, the Michigan Condo Act provides clarity on matters of this sort. Read the article…………………………….
Court Rules that Restrictive Covenant Banning Sex Offenders is Enforceable
Can your HOA’s restrictive covenants or condominium documents ban sex offenders? The ability to ban sex offenders from homeowners associations has become a controversial issue in recent years. Until recently, many attorneys across the country believed that some type of ban on sex offenders was permissible. This was largely based on a New Jersy case, […]
The 2018 Amendment to the Michigan Marketable Record Title Act Goes Into Effect on March 29, 2024: Does Your HOA or Condo Association Need to Record a Notice?
Michigan’s Marketable Record Title Act, MCL 565.101, et seq. (the “MRTA”), has been around since 1945, yet many homeowners associations are unaware of the MRTA and its potentially devastating impact on their communities. This article provides a brief background on the MRTA and its 2018 amendment that opened the door to the possible extinguishment of restrictive covenants […]
Fannie Mae and Freddie Mac: A New Era of Transparency for Homeowners
In a significant shift towards transparency, Fannie Mae, the Federal National Mortgage Association, has recently announced that it will make its once-secret “Condo Unavailable Projects and Phases Report” accessible to the public. The decision to make this report publicly available reflects a broader industry trend towards transparency, acknowledging the pivotal role that information plays in […]
Deck the Halls, Mind the Rules: Navigating Association Decorations Restrictions with Holiday Cheer (MI)
‘Tis the season to stow away the skeletons, pumpkins, and witches, and usher in the festive spirit with twinkling lights, wreaths, and snowmen. As the allure of multicolored lights and decorations brightens the early darkness, residents of condominium associations need to align their festive expressions with community rules. For association boards and property managers, enforcing […]
Navigating the CTA: A Guide for Condos and HOAs to comply with the Corporate Transparency Act (MI)
The Corporate Transparency Act is a federal law that was enacted in 2021 to stop individuals in foreign countries from illegally moving money into the United States. The Corporate Transparency Act creates new reporting requirements for certain types of corporate entities in the United States. The Federal Crimes Enforcement Network (“FinCEN”), is the federal agency […]
Can A Michigan Condominium Association Collect Attorney Fees for Bylaw Violations?
In Michigan, the responsibility for attorney fees and costs in litigation typically lies with the parties involved. Following the ‘American rule,’ attorney fees are not recoverable unless expressly allowed by statute, court rule, common-law exception, or contract. Dessart v. Burak, 470 Mich. 37, 42, 678 N.W.2d 615 (2004); Grace v. Grace, 253 Mich.App. 357, 370–371, […]