The Michigan Condominium Lawyers

Michigan provides immunity defense to community associations for COVID-19 lawsuits

On October 22, 2020, Governor Whitmer signed HB 6030, which was given immediate effect via 2020 PA 236.  2020 PA 236 will provide Michigan condominium and homeowners associations with an immunity defense if a co-owner, tenant or invitee files a civil lawsuit, alleging a tort claim that arises out of COVID-19.

When can a community association assert an immunity defense to a COVID-19 claim?

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Michigan Supreme Court invalidates governor’s emergency powers: What does it mean for community associations?

Condominium and homeowners associations in Michigan have been operating under various executive orders since March 10, 2020 in response to the COVID-19 pandemic. On October 2, 2020, in In re Certified Questions From United States Dist Court, W Dist of Michigan, S Div, Docket No. 161492 (Mich, October 2, 2020), the Michigan Supreme Court held that Governor Whitmer lacked the unilateral authority…

VA Condominium Approval for VA Home Loans

The Veterans Benefits Administration of the Department of Veterans Affairs (the “VA”) is a function of the United States government intended to help the country’s veterans and servicemen.  One of the benefits provided by the VA is the VA home loan guaranty program.  Through VA direct home loans and VA-backed home loans, the VA loan program is intended to make it easier for…

Executive Order 2020-175: Governor Whitmer enters new executive order on swimming pool and recreational facility restrictions

     Michigan condominium associations and homeowners associations have been struggling with decisions to open swimming pools and other recreational facilities all summer.  Many community associations have kept facilities closed for safety and liability reasons.  On September 3, 2020, Governor Whitmer signed Executive Order 2020-175 and Executive Order 2020-176, which altered the restrictions on…

Continuity Planning for Michigan Community Associations

“Plan for what it is difficult while it is easy, do what is great while it is small.” Sun Tzu

During this time of economic uncertainty and concerns over the Covid-19 pandemic, community associations should take an ‘inventory’ of the current conditions of the association and have a continuity plan in place just in case something tragic happens. For example, what happens if the President of the…

MCL 559.154: What is the difference between arbitration and mediation?

Conflict is inevitable when co-owners live in close proximity in a condominium association.  Whether it is a barking dog, loud music or unpleasant odor, it is important that a condominium association has a mechanism to resolve disputes between co-owners.  Many condominium associations resolve disputes by commencing an action in circuit court to enforce the master deed and bylaws as permitted by…

MCL 559.152: When do the co-owners elect directors after developer control?

Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control.  In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely exit the condominium.  However, the Michigan…

Tips for reviewing cable service provider agreements

In 2009, 87.8% of American households had either a cable or satellite TV subscription; however, by the end of 2019, that number dropped to just 65.3% of American households, as more American households “cut the cord” and turned to internet-based TV subscriptions, such as Netflix, Hulu and YouTube TV. With this steep drop in cable and satellite TV subscriptions, cable service providers are…

Kevin HirzEL’s Article in the washington post : Know which coronavirus-related risks are covered by your association’s insurance

As governors around the country ease stay-at-home restrictions, community association boards are forced to make difficult decisions regarding opening common areas, where once ordinary activities such as going to the gym or swimming pool or throwing a party are now fraught with risk. Managing social distancing during the pandemic is especially challenging for condominium and homeowners…

Does your condominium association keep track of mortgages?

Michigan condominium associations are required to keep a number of different types of records.  One type of record that condominium associations are required to keep, which is often overlooked, is a record of each mortgage that is placed on any condominium unit in the condominium project.  A mortgagee, which is most often a bank, is a person or corporate entity that places a mortgage on a…

Executive Order 2020-115: Michigan relaxes restrictions on recreational facilities and allows indoor pools to open

On June 5, 2020, Governor Whitmer signed Executive Order 2020-115 which further relaxed the restrictions on pools and recreational facilities contained in Executive Order 2020-110.  Accordingly, Michigan condominium and homeowners associations have the ability to re-open pools and recreational facilities subject to certain restrictions.  However, the fact that certain recreational facilities can…

Executive Order 2020-110: Michigan ends short-term rental ban, reopens certain recreational facilities and opens pools

On June 1, 2020, Governor Whitmer signed Executive Order 2020-110which made major changes to previously prohibited conduct related to short-term rentals, indoor recreational facilities, outdoor recreational facilities and pools.  All of these changes will have a significant impact on cooperatives, condominium associations, homeowners associations and summer resorts throughout Michigan.  However,…

Michigan maintains ban on short-term rentals and recreational facilities until June 12, 2020

On May 22, 2020, Governor Whitmer signed Executive Order 2020-100 and extended the ban on short-term rentals and the use of recreational facilities, originally contained in Executive Order 2020-92, until June 12, 2020.

Condominium and HOA Recreational Facilities

Executive Order 2020-92 bans activities in places of “public accommodation that are closed under Executive Order 2020-69” and keeps…

Coronavirus: What Condos and HOA’s need to know about reopening recreational facilities

Michiganders living in condominiums and homeowners associations have been subject to some form of a stay-at-home order since March 24, 2020 due to COVID-19. However, Governor Gretchen Whitmer has started reopening portions of Northern Michigan, and it is expected that the restrictions on recreational facilities in community associations throughout Michigan will be relaxed in the near future.…

Executive Order 2020-92: Michigan maintains ban on short-term rentals and areas of public accommodation

On April 24, 2020, Governor Whitmer signed Executive Order 2020-59 and banned short-term rentals, except for certain limited circumstances. On May 7, 2020, Governor Whitmer signed Executive Order 2020-77, which extended the ban on short-term vacation rentals until May 28, 2020.  On May 18, 2020, Governor Whitmer signed Executive Order 2020-92, which commenced the process for reopening Michigan.…

KEVIN HIRZEL WINS 2020 CAI LAW SEMINAR BEST MANUSCRIPT AWARD

Kevin Hirzel, Esq., the Managing Member of Hirzel Law, PLC was recently honored by the College of Community Association Lawyers (“CCAL”) and received the Best Manuscript Award for the 2020 Community Associations Institute’s (“CAI”) National  Law Seminar.  Mr. Hirzel, a CCAL fellow, was joined by Elina Gilbert Esq. in preparing the manuscript and presenting “How Legal is it anyway?  Tips for…