Kevin Hirzel

Kevin Hirzel

Attorney Profile

Top Rated Real Estate Attorney in Farmington, MI

Hirzel Law, PLC
 | 37085 Grand River Ave, Ste 200, Farmington, MI 48335
Phone: 248-478-1800
Selected to Rising Stars: 2013 - 2019
Licensed Since: 2007
Practice Areas:
  • Real Estate: Business (90%),
  • Legislative & Governmental Affairs (10%)
Attorney Profile

Kevin Hirzel is the Managing Member of Hirzel Law, PLC. He focuses his practice on community association law, condominium law, litigation and real estate law. Mr. Hirzel represents community associations throughout the State of Michigan. He has received numerous recognitions on a local and national level for the high level of representation that he provides to clients. Mr. Hirzel is a fellow in the College of Community Association Lawyers, a prestigious designation given to less than 175 attorneys in the country. He also serves as Co-Chairman of the Michigan Community Associations Institute Legislative Action Committee and a member of the Community Associations Institute’s National Government Affairs and Public Policy Committee. Mr. Hirzel is the Co-Chairman of the State Bar of Michigan’s Real Property Law Section Committee for Condominiums, PUDs, & Cooperatives. He has authored numerous articles for the Michigan Community Association News, Michigan Association of Condominium Associations, United Condominium Owners of Michigan Newsletter, Michigan Real Property Review and Macomb County Bar Briefs, as well as other publications. Mr. Hirzel has been interviewed as an expert in condominium law by Bettercondolife.com, C&G Newspapers, Common Ground Magazine, HOALeader.com, Michigan Lawyer’s Weekly and WXYZ (Channel 7) News. He is a dynamic speaker and frequently lectures on community association law throughout the state, as well as nationally. Mr. Hirzel has also been featured in Michigan Lawyer’s Weekly on multiple occasions for successful litigation results that he has obtained on behalf of clients.


Areas of Practice


Condominium Law, Homeowners Association Law, Fair Housing Compliance, Business Law, Litigation and Real Estate Law


Honors and Awards

AV Rated by Martindale Hubbell (Highest possible rating for skill and ethics based upon peer review)


Avvo Rating of Superb – 10.0/10.0


College of Community Association Lawyers – Community Associations Institute, Fellow – Fewer than 175 attorneys nationwide that that practice community association law have been admitted to this prestigious organization since it was established in 1973. Prior to Kevin Hirzel’s induction, only 2 other attorneys in the State of Michigan had received this award. Fellows of the College are among the most respected community association attorneys in the country for their legal skill and ethical standards.


Leading Lawyers – Leading Lawyer in Michigan (2018) – The distinction of being a Leading Lawyer has been earned by fewer than 5% of all lawyers licensed in Michigan.


Michigan Lawyer’s Weekly – Up and Coming Lawyer (2015). An award given to 30 of the top young attorneys in the State of Michigan each year.


Michigan “Rising Star” in real estate law by Super Lawyers Magazine (2013–2018). Designation given to no more than 2.5% of the attorneys in Michigan each year.


Michigan Top Lawyer.com – Top Lawyer in Real Estate Law (2016) – An award given to no more than 1.25% of the lawyers in the State of Michigan.


Oakland County Bar Foundation Fellow – A lifetime award given to no more than the top 5% of attorneys that are members of the Oakland County Bar Association.

About Kevin Hirzel

Admitted: 2007, Michigan

Professional Webpage: http://hirzellaw.com

Honors/Awards:

  • Designation given to no more than 2.5% of the attorneys under the age of 40 in the state each year , Michigan "Rising Star" in real estate law , Super Lawyers Magazine , 2017
  • Designation given to no more than 2.5% of the attorneys under the age of 40 in the state each year , Michigan "Rising Star" in real estate law , Super Lawyers Magazine , 2018
  • Designation given to no more than 2.5% of the attorneys under the age of 40 in the state each year , Michigan "Rising Star" in real estate law , Super Lawyers Magazine, 2015
  • Designation given to no more than 2.5% of the attorneys under the age of 40 in the state each year , Michigan "Rising Star" in real estate law, Super Lawyers Magazine , 2016
  • Designation given to no more than 2.5% of the attorneys under the age of 40 in the state each year , Michigan "Rising Star" in real estate law, Super Lawyers Magazine, 2014
  • Designation given to no more than 2.5% of the attorneys under the age of 40 in the state each year , Michigan "Rising Star" in real estate law , Super Lawyers Magazine , 2013
  • An award given 30 of the top young attorneys in the State of Michigan each year , Up and Coming Lawyer, Michigan Lawyer's Weekly, 2015
  • Leading Lawyers in Michigan- The distinction of being a Leading Lawyer has been earned by fewer than 5% of all lawyers licensed in Michigan. , Leading Lawyers , 2018
  • Michigan Lawyers Weekly selects 30 lawyers in the State of Michigan as Up & Coming Lawyers each year.  This prestigious honor is reserved for attorneys who “have spent less than a decade in practice and display the ambition, drive, determination and accomplishments that make them worthy of the title ‘Up & Coming Lawyers.’”, Up and Coming Lawyers, Michigan Lawyers Weekly, 2015
  • The Martindale-Hubbell peer review ratings attest to a lawyer’s legal ability and professional ethics and reflects the confidential opinions of members of the Bar and Judiciary.  The AV Preeminent  rating is the highest peer rating standard. This rating signifies that the lawyer’s reviewed peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards., AV Rated, Martindale-Hubbell, 2016
  • The Martindale-Hubbell peer review ratings attest to a lawyer’s legal ability and professional ethics and reflects the confidential opinions of members of the Bar and Judiciary.  The AV Preeminent  rating is the highest peer rating standard. This rating signifies that the lawyer’s reviewed peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards., Martindale-Hubbell AV Rated , 2017
  • Madison's Who's Who, 2008
  • Membership as an Oakland County Bar Association Fellow is a professional honor.  The number of Fellows and Charter Fellows is limited to not more than 5% of the total active membership of the State Bar of Michigan who practice in Oakland County. , Oakland County Bar Foundation Fellow, 2016
  • Kevin Hirzel, Esq., the Managing Member of Hirzel Law, PLC has been granted membership in the College of Community Association Lawyers (“CCAL”)—one of fewer than 175 attorneys nationwide to be admitted to the prestigious organization. Fellows of the College are among the most respected community association attorneys in the country.  Only 2 attorneys in the State of Michigan have received this award prior to Kevin Hirzel. CCAL was established in 1993 by Community Associations Institute (“CAI”), with membership consisting of attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL fellows are also recognized for committing themselves to the highest standards of professional and ethical conduct.Mr. Hirzel is a member of the CAI National Government and Public Affairs Committee that sets national policy for community associations. He also serves as a chairman of the Special Committee for Condominiums, PUDs, & Cooperatives of the State Bar of Michigan’s Real Property Law Section. Mr. Hirzel is a chairman of the Michigan CAI Legislative Action Committee and advocates on behalf of community associations regarding legislation that will impact Michigan community associations on a state and national level. He was named a Michigan “Rising Star” in real estate law by Super Lawyers Magazine from 2013-2017 and selected as a 2015 Up & Coming Lawyer by Michigan Lawyer’s Weekly. Mr. Hirzel represents community associations all over Michigan. CCAL provides a forum for the exchange of information among experienced legal professionals working for the advancement of community association governance. Its goals include promoting the highest standards of professional and ethical responsibility, improving and advancing community association law and practice, and facilitating the development of educational materials and programming pertaining to legal issues. CAI is an international membership organization that was founded in 1973 and is dedicated to helping homeowner and condominium associations meet the expectations of their residents. More than 68 million Americans live in nearly 338,000 homeowner and condominium associations, cooperatives and other planned communities. With nearly 35,000 members, CAI works in partnership with 63 affiliated chapters within the U.S., Canada, United Arab Emirates, and South Africa, as well as with housing leaders in several other countries including Australia, Spain, Saudi Arabia, and the United Kingdom.# # #CAI Media Contact: Amy Repke (703-970-9239; [email protected], Fellow, College of Community Association Lawyers, Community Association Institute, 2017
  • Alpha Sigma Nu Jesuit Honor Society, 2006
  • Inductee in University of Detroit Mercy School of Law Moot Court Hall of Fame, 2006
  • Named a Michigan Top Lawyer in Real Estate Law, this award is given to 1.25% of the attorneys in Michigan each year., Michigan Top Lawyer, Michigan Top Lawyers.com, 2015
  • Avvo Rated 10.0/10.0, 2017

Special Licenses/Certifications:

  • Community Association Institute - College of Community Association Lawyers.  There are less than 175 attorneys in the country that have been admitted to the college, and I am one of 3 attorneys in the State of Michigan to have ever been admitted.  This certificaiton is granted based upon peer review of academic writings, educiational presentations and legislative involvement on a state and federal level in community association law., 2017

Bar/Professional Activity:

  • Lakeshore Area Condominium Association - We are a member of this group that puts on various presentations for community association board members. , 2018
  • Michigan Community Association Law Blog (Creator) (2014-Present), 2014
  • I am the Co-Chair of the Special Committee for Condominiums, PUDs, & Cooperatives for the State Bar of Michigan Real Propertly Law Section. The Real Property Law Section is tasked with 1) studying and reporting on proposed and necessary legislation on behalf of its 3,600 members, 2) reviewing pending legislation, 3) drafting and introducing legislation and 4) promoting the legal education of members of the Bar and the public on Real Property Law consisting of the law of mortgages, liens, encumbrances, property taxes, land titles, land use, zoning, leases, land sales, water law, riparian rights, conveyancing, taxation, condominiums and environmental law. As exemplified by the Special Committee’s name, the Condominiums, PUDs, & Cooperatives Special Committee focuses on issues relating to condominiums, cooperatives and planned unit developments within the State of Michigan. The Special Committee typically meets biannually or more and Members of the Committee are called on to lecture for the Real Property Law Section presentations, as well as ICLE annually. Of particular importance, the Special Committee receives new proposed legislation on a regular basis for analysis and comment., 2018
  • Member of Community Association Institute's National's Governmental Affairs & Policy Commitee. I participate in monthly meetings with other members of CAI from around the country to discuss current trends and issues impacting community associations. We then draft policy statements in order to craft legislation that is favorable to community associations on a state and national level., 2017
  • Chairman of Michigan Community Association Legislative Action Committee.  The Michigan Legislative Action Committee (CAI MI-LAC) is a volunteer committee of CAI consisting of homeowners and professionals serving community associations. The CAI MI-LAC works with those living and working in community associations to speak on their behalf with one united voice on legislative and regulatory matters that affect community associations. Responsible for identifying legislative issues of importance to community associations in Michigan, the MI-LAC monitors legislation and helps set specific legislative priorities. The CAI MI-LAC builds relationships with and educates state officials to make CAI MI-LAC the go-to resource when they are presented with community association issues., 2018
  • Chairman of Michigan Community Association Legislative Action Committee. The Michigan Legislative Action Committee (CAI MI-LAC) is a volunteer committee of CAI consisting of homeowners and professionals serving community associations. The CAI MI-LAC works with those living and working in community associations to speak on their behalf with one united voice on legislative and regulatory matters that affect community associations. Responsible for identifying legislative issues of importance to community associations in Michigan, the MI-LAC monitors legislation and helps set specific legislative priorities. The CAI MI-LAC builds relationships with and educates state officials to make CAI MI-LAC the go-to resource when they are presented with community association issues, 2017
  • Michigan Association of Condominium Associations.  I drafted varoius articles to start their online article bank and have been asked to present at seminars on condominium law., 2017
  • Oakland County Bar Association
  • Chairman of Michigan Community Association Legislative Action Committee. The Michigan Legislative Action Committee (CAI MI-LAC) is a volunteer committee of CAI consisting of homeowners and professionals serving community associations. The CAI MI-LAC works with those living and working in community associations to speak on their behalf with one united voice on legislative and regulatory matters that affect community associations. Responsible for identifying legislative issues of importance to community associations in Michigan, the MI-LAC monitors legislation and helps set specific legislative priorities. The CAI MI-LAC builds relationships with and educates state officials to make CAI MI-LAC the go-to resource when they are presented with community association issues, 2018
  • Macomb County Bar Association
  • Community Association Institute (CAI)
  • Member of Community Association Institute's National's Governmental Affairs & Policy Commitee. I participate in monthly meetings with other members of CAI from around the country to discuss current trends and issues impacting community associations.  We then draft policy statements in order to craft legislation that is favorable to community associations on a state and national level., 2018

Scholarly Lectures/Writings:

  • ..., Interview, Homeowners Association Prevails on Short-Term Rental Ban, State Bar of Michigan Real Property Law Section E-Journal , 2017
  • ....., Presenter , Religion in Community Associations: Fair Housing or Free Speech? Thou Shalt Not Violate the Law, Community Association Institute Law Seminar , 2019
  • This interview discusses General Motors Co.’s plans to sell the downtown Detroit Millender Center to potentially more than one buyer., Interview , GM Gears up for sale of Milender Center, The Detroit News , 2018
  • ..., Interview , Firm aims to specialize in condo association law, Michigan Lawyers Weekly, 2018
  • This interview discusses information regarding renting our your home for extra money , Interview , What you need to know if you're considering renting out your home for extra cash , WXYZ News , 2017
  • ..., Author, HB:5440: Michigan HOA's could not prohibit the display of the American or State Flag., Second Quarter , 2018
  • ..., Interview, Solar Surge (How to handle solar panels in community associations), Common Ground Magazine , 2016
  • ...., Interview , Fake emotional support animals, are people gaming the system?, WXYZ News , 2018
  • ..., Presenter, Traverse City Community Association Seminar , Hosted by Monarch Management , 2018
  • ...., Interview , The ABC's of HOA's... Why not abiding by the rules can get you in trouble, WXYZ, 2017
  • ..., Interview , Confederate Flags in HOAs: The Now , WXYZ News , 2017
  • This presentatios discusses condo lawyers handling potential litigation, compromise, Interview, Condominium Conflicts, Farnington Press , 2017
  • ..., Interview, Common Co-Owner disputes, Document Amendments and New Technology, HOA News Podcast, 2017
  • ..., Interview, Waters Edge Building more condos in City of Fenton: Lien Lifted on property after city agrees to pay $200,000 in alleged unpaid dues, Tri-County Times , 2016
  • ..., Interview , Up & Coming Layers , Michigan Lawyer's Weekly , 2015
  • ..., Presenter , Condominium Law: Representing Developers, Associations, and Co-Owners, State Bar of Michigan- Real Property Law Section , 2018
  • Committee for Condominiums, PUD's, & Cooperative , Presenter , Case Law Update, State Bar of Michigan- Real Property Law Section , 2017
  • ..., Presenter , Director Bootcamp , Michigan Association of Condominium Associations , 2018
  • ..., Presenter, Director Bootcamp, Michigan Association of Condominium Associations , 2017
  • ..., Presenter , How to avoid Common Pitfalls of the Fair Housing Act , Michigan Community Associations Institute Special Event , 2017
  • This article discusses the CAI MILAC in action , Author, The CAI MILAC in Action , Community Association News, First Quarter , 2016
  • ..., Interview , Pokemon Go presents virtual fun, real legal issues , Michigan Lawyer's Weekly , 2016
  • Grand Rapids, MI , Presenter , Fall Conference , Michigan Association of Condominium Associations , 2018
  • ..., Presenter , Director Bootcamp, Michigan Association of Condominium Associations , 2018
  • ..., Presenter , Emotional Support Animals , Michigan State Journal of Animal and Natural Resource Law- Annual Law Symposium , 2018
  • ..., Presenter , 2017 Townhall: State and Federal Legislative Changes for 2017, Michigan Community Associations Institute Annual Conference , 2017
  • This article discusses 'How to handle drones in community associations' , Interview , Identified Flying Objects , Common Ground Magazine , 2015
  • This article discusses a successor developers obligation in regards to assesements fees under the Michigan Condominium Act, Author, Does a Successor Developer have an Obligation to pay assessments under the Michigan Condominium Act?, Michigan Community Association News, Second Quarter , 2016
  • This presentation discusses the impact of the 2015 Amendments to the MI Nonprofit Corporation Act and how they affect community associations as a whole. , Presenter , How do the 2015 Amendments to the Michigan Nonprofit Corporation Act impact your Community Association?, Michigan Community Associations Institute Annual Conference , 2016
  • This presentation touches on MI Condo Law Legislative updates , Presenter, Michigan Condominium Law Legislative Update, Oakland County Bar Association Real Estate Committee , 2016
  • Thiis presentation targeted Condominium Operations., Presenter , Nuts and Bolts of Condominium Operations, Traverse Area Association of Realtors , 2015
  • This Presentation discusses tenant matters. , Presenter , All things tenants: Evictions, Rental Caps and Strategies for communicating with Landlord Co-Owners, Michigan Community Association Institute Annual Conference , 2018
  • This article discusses religious views in community associations , Interview , Acts of Faith , Common Ground Magazine (How to handle Religious issues in community associations), 2015
  • ..., Presenter, Director Liability and Insurance Basics for Condominium Associations , Traverse City - Monarch Management , 2017
  • Couple wins to fight for tree in back yard , Interview, Couple wins to fight for tree in back yard , Macomb Daily , 2008
  • This is an article featured in Michigan Lawyer's Weekly regarding a case in which I obtained Summary Disposition and quieted title to property in favor of my clients on a theory of adverse possession. Additionally, I obtained Summary Disposition and had Plaintiff's claims seeking $354,000 in monetary damages dismissed., Property Owners Sought Title to Disputed Land, Michigan Lawyer's Weekly, 2014
  • This is an article that I was interviewed in that discusses the importance of a community association's board maintaining the attorney client privilege and keeping certain information confidential., Interview, Hush-Hush, Common Ground, 2014
  • Presenter, Representing Developers, Associations and Co-owners - State Bar of Michigan - Real Property Law Section - Groundbreakers Seminar , 2018
  • This articles discusses the the various issues that co-owners and condominium associations need to address when installing electric vehicle charging stations on the common elements., 3 Tips for Handling a Co-Owner’s request to install an Electric Vehicle Charging Station, 2014
  • This was a presentaiton that I provided at the CAI National Law Seminar in Palm Springs, California. , Presenter, Millenials: Learn how America's Largest Generation will impact Community Associations , 2018
  • This article discusses the importance of Condominium Associations obtaining FHA Cerification and the roadblocks that Condominium Associations face to obtain FHA Financing., What are the top 3 roadblocks preventing your Condominium Association from obtaining FHA Certification?, 2014
  • This articles discusses the top 5 reasons why Condominium Documents need to be amended in Michigan., What are the top 5 signs that your Condominium Documents need to be amended in Michigan?, 2014
  • This is an article that I was interviewed in that discusses the best practices for dealing with board bullies and dictators in community associations., End Reign, Common Ground, 2014
  • This is a presentation that I made to the Oakland County Bar Association Real Estate Commitee on pending legislation that would impact Michigan Condominium Associations., Presenter, Condominium Law Legislative Update, Oakland County Bar Association Real Estate Commitee, 2016
  • This is a presentation that I made to the Michigan Chaper of the Community Association Institute on pursuing construction defect claims against developers., Presenter , Construction Defect Resolution – Appropriate steps a post-transition control board of directors should take with respect to discovering and resolving construction defects, Michigan Community Association Institute , 2015
  • This article discusses the difference between a DVR and Proxy in a Michigan Condominium Association election., Understanding the Difference between a Designated Voter Representative Form (DVR) and a Proxy in Michigan Condominium Association Elections, 2014
  • This is an article I drafted required audit requirements for Michigan Condominium Associations., MCL 559.157 – Has your Michigan Condominium Association had its books, records and financial statements reviewed by a Certified Public Accountant?, Michigan Community Association Law Blog, 2015
  • This article discusses free speech rights in a Michigan Condominium Association election., Free Speech and your Community Association: Will the New Jersey Supreme Court’s ruling in Dublirer v 2000 Linwood Avenue Owners, Inc impact campaigning in Michigan Condominium Association elections?, 2014
  • This article discusses the need to amend a condominium association's governing documents to reflect technological advances., The Future is Now: Is Your Condominium Association Prepared to Handle these 6 Technological Advances?, Community Association News, 2014
  • This is an article that I wrote about the laws applicable to religious freedoms in community associations.  The articles discusses the application of the Federal and State Relgious Freedom Restoration Act on commmunity associations., Religious Freedom and Community Associations: How does the Religious Freedom Restoration Act Impact Condominium and Homeowner Associations?, Michigan Community Association Law Blog, 2015
  • This article discusses a case in which I successfully obtained summary disposition on behalf of my clients in which the Court ruled that they were the legal board of directors of their Homeowner Association and that a competing group of people were not the legal board of directors of their Homeowner Association., Court determines legality of Condo association's board , Michigan Lawyer's Weekly, 2015
  • This is an article that I drafted regarding anti-lawsuit provisions contained in condominium documents and House Bill 4919, which would make such provisions unenforceable., Condominium Anti-Lawsuit Provisions , State Bar of Michigan Real PropertySection E-Newsletter, 2015
  • This is a presentation that I made to the Michigan Chapter of the Community Association Institute on the impact of the 2015 amendments to the Michigan Nonprofit Corporation Act on Michigan Community Associations., Presenter, HOW DO THE 2015 AMENDMENTS TO THE MICHIGAN NONPROFIT CORPORATION ACT IMPACT YOUR COMMUNITY ASSOCIATION?, Michigan Community Association Institute, 2016
  • I made a presentation to the Michigan Chapter of the Community Association Institute regarding the various pending bills that would impact condominiums., CAI Michigan Condominium Law Update, Community Association Institute, 2016
  • This is a presentation that I made to property managers, condominium owners and condominium board members on hot topics in Michigan Community Association Law.  , Presenter, Hot Topics in Condominium and HOA Law, Traverse Area Association Of Realtors, 2016
  • This is an article at the I wrote about the difference between an additional assessment and a special assessment in a Michigan condominium., THE DIFFERENCES BETWEEN AN ADDITIONAL ASSESSMENT AND A SPECIAL ASSESSMENT IN A MICHIGAN CONDOMINIUM ASSOCIATION, Michigan Community Association Law Blog, 2015
  • I presented at an ICLE seminar on HB 4919 and anti-lawsuit provisions in condominium documents.  Other topics that I covered included updates on expanding and contracting condominiums., Presenter, Site Condominiums and Land Divisions: Current Topics and Case Law, ICLE, 2016
  • This is an article that I wrote about whether co-owners may escrow assessment payments., Can a co-owner withhold assessment payments if they are dissatisfied with their condominium association?, Michigan Community Association Law Blog, 2015
  • This article proposes a new uniform test for the Federal Courts to use in determining reasonable compensation for corporate executives under Section 162 of the Tax Code.  The article argues in favor or adopting a modified version of the business judgment rule to determine reasonable compensation for tax purposes., Confusion, Compensation and Taxation: A Business Judgment Rule Approach to the Deductibility of Reasonable Compensation of Corporate Executives under 162 of the Internal Revenue Code, Florida State Business Law Review Journal , 5 FLA. ST. BUS. L. REV. 1, 2006, 2006
  • I presented at the CAI National Law Seminar on January 19, 2017.  The presentation was made to community association attorneys from all over the country.  I presented on best practices and legal changes relating to electric vehicle charging stations., Hot Topics in Condominium Law - Electric Vehicle Charging Stations, Community Association Institute, 2017
  • This Articles discusses best practices for resolving condominium construction defects., A Board of Director’s Guide to Resolving Common Element Construction Defects, Community Association News, 2014
  • I presented at the CAI Michigan Annual Seminar on March 10, 2017 at the Suburban Collection Showplace.  The legislation that was covered was HB 4919, HB 4015, Senate Bill 610 and HR 555., Presenter, Michigan CAI Townhall Legislative Update, Community Association Institute, 2017
  • This is an article that I wrote regarding preserving the attorney-client privelege between management companies and condominium associations., Property Managers and the Attorney-Client Privilege: Does your Community Association’s Management Agreement cover Communications with the Association’s Counsel?, Michigan Community Association Law Blog, 2015
  • Author, House Bill 5230: Restricting your Community Association's Freedom to Contract, Michigan Community Association News , 2016
  • This is an article that I wrote regarding the imposition of rental caps in condominium associations., Condominiums and Renters: Does your Condominium Association need a rental cap?, Michigan Community Association Law Blog, 2015
  • Author, Dissident HOA Websites: Is Free Speech Really Free?, Glady, 2016
  • This is an article that I wrote about the proper way for a condominium association to handle a co-owner's request to inspect records., Is your Michigan Condominium Association prepared to handle a co-owner’s request to inspect its books and records?, Michigan Community Association Law Blog, 2015
  • Does the Board of Directores of a Michigan Condominium Association or HOA have a duty to enfore the Master Deed, Bylaws or other Restrictive Covenants?, Macomb County Bar Briefs , 2016
  • MCL 559.167: Can the 2016 Amendments to Section 67 of the Michigan Condominium Act be applied retroactively? , Michigan Real Property Review , 2017
  • Senate Bill 610 Passes: Is the amendment to MCL 559.167 of the Michigan Condominium Act constitutional?, Michigan Community Association News , 2016
  • This is an article that I wrote about proposed federal legislation that impacts the enforcement of deed restrictions with respect to radio antennas, FHA certification and FEMA., Federal Legislative Update for Condominium Associations: Amateur Radio Parity Act, FHA Certification and FEMA, 2015
  • Author, The Michigan Condominium Act, Time for a Change: Why Michigan should adopt a modified version of the Uniform Condominium Act, Michigan Real Property Review , 2016
  • This article discusses common problems that are unique to condominium hotels in Michigan and how to avoid these common problems., Don’t take a vacation from the additional regulations that apply to Condominium Hotels, Michigan Community Association News, Third Quarter 2012, 2012
  • Author, Michigan House Bill 4015: Bad News for Michigan Condominium Associations , Michigan Community Association News, 2017
  • Author, What Every Condominium Association Needs to Know about Parking Restrictions , Michigan Community Association News , 2017
  • This is an article featured in Michigan Lawyer's Weekly regarding a $200,000 settlement and various equitable relief I obtained for a co-owner that brought a derivative action on behalf of his condominium association., Rental Unit Owner, Management Company at odds over deed: Amendments determined to be illegal, in violation of state's condominium Act, Michigan Lawyer's Weekly, 2012
  • Author, Transparency breeds Legitimacy: 3 tips for your Condominium Association to avoid a Lawsuit , Macomb County Bar Association - Bar Briefs , 2017
  • This is an article featured in Michigan Lawyer's Weekly regarding a settlement in which I obtained a monetary settlement of $276,250 and road repairs (Plaintiff was seeking $500,000 in monetary damages for the road repairs), on behalf of a condominium association against the developers and contractors responsible for constructing the condominium project., Condo seeks repairs for series of construction defects , 2013
  • Author, MCL 559.139: Transferring Limited Common Element Parking Spaces in Michigan Condominiums , Michigan Community Association News, 2017
  • This is an article featured in Michigan Lawyer's Weekly regarding the best practices to employ to successfully prosecuting claims on behalf of a condominium association against a developer., "Divide-and-conquer" plan nets $276K Settlement, Michigan Lawyer's Weekly , 2013
  • Presenter, Fair Housing Act Pitfalls , Michigan Associaiton of Condominium Associations Western Michigan Fall Conference , 2017
  • This article discusses the importance of discovering and pursuing common element defects against  developers in a timely manner., A Roadmap to Discovering and Resolving Common Element Construction Defects, United Condominium Owners of Michigan Reporter - Issue 3, Vol. XXXX, 2013

Verdicts/Settlements:

  • Angela Stewart, et. al. v. Fieldstone Village Condominium Association, et. al. - Oakland County Circuit Court Case No. 18-165052-CB.  We obtained summary disposition for a group of directors of a condominium associaiton to seat them on the board of directors have the former directors had illegally voted 159 units to stay on the board., 2018
  • Phyle v Scheppe Investments, Inc., et. al. - Grand Traverse County Circuit Court Case No. 17-032082-CH. We successfully represented a co-owner and obtained summary disposition on the following issues: 1. Invaliding the defendants attempt to record the First Amendment, Restatement to Third Amendment, Statement of Clarification, and Fourth Amendment to a condominium master deed that illegaly expanded the condominium beyond the statutory maximum time period beyond 6 years in violation of MCL 559.132. 2. Invaliding the 5th Amendment to a condominium master deed that attempted to retroactively change deed restrictions and was recorded in violation of MCL 559.190 and MCL 559.190a. 3. Invaliding an illegal usage fee charged for condominium recreational facilitaities in violation of MCL 559.234 and Michigan Admin Code, R 559.111(b) and the plain language of the condominium documents., 2018
  • DeBates v. Keerl - Macomb County Circuit Court Case No. 07-1134-CH   - Obtained dismissal for Defendant on Motion for Summary Disposition and $150,000 for client due to default on a land contract after the Court upheld a pre-payment penalty provision in Land Contract., 2007
  • Belt v. ITC Transmission Co. - Macomb County Circuit Court Case No. 08-002657-CZ - Obtained TRO on behalf of Plaintiff and negotiated Settlement of boundary line dispute., 2008
  • Waters Edge Townhomes Condominium Association v City of Fenton.  I represented a condominium association in a dispute with the City of Fenton regarding $400,000 in unpaid condominium assessments.  The City of Fenton claimed that it was not responsible for payment of assesments for unbuilt units under the condominium bylaws.  After placing a lien on the disputed property, the matter settled for $200,000., 2016
  • Malik v. Tawaa, LLC, et. al. - Wayne County Circuit Court, Case No. 07-713013-CZ- Obtained $60,000 Judgment for Plaintiff in Shareholder Oppression Case, 2008
  • Lottivue Improvement Association v. Tom Mack, et. al. - Macomb County Circuit Court Case No. -2014-2714-CK.  Represented the Defendants/Counter-Plaintiffs and Summary Disposition granted on all claims in the Complaint, which sought over $100,000 in damages from the Defendants.  I also obtained Summary Disposition on all claims in the Counterclaim and had the Court enter an injunction recognizing the Defendants/Counter-Plaintiffs as the legal board of directors of the Lottivue Improvement Association. , 2015
  • Johnigan v. Offen, et. al. - Wayne County Circuit Court Case No. 09-015878-CH - Obtained  complete dismissal of 10 count complaint relating to mortgage fraud on behalf of Defendant after filing Motion for Summary Disposition, 2010
  • Trestle Crossing Condominium Association v Trestle Crossing, LLC, et. al. - Successfully quieted title to an undeveloped parcel of land as common elements under MCL 559.167.  We also recovered approximately $200,000 from Certaineed as a result of installing defective siding., 2015
  • P.E.K. Investments, LLC v. Brandenburg - Michigan Court of Appeals Court Case No. -321579. Represented property owners and successfully dismissed $354,000 claim for monteary damages via Summary Disposition. Grant of Summary Disposition upheld on appeal.  The Court of Appeals remanded the case for an award of sanctions in favor of my clients., 2015
  • Irish v Traverse Bay RV Park Condominium Association, et. al., Grand Traverse County Circuit Court Case No. 16-31750-CH.  After winning summary disposition on the issue of whether the condominium association was illegally expanded, my client was paid a $100,000 buyout for his RV condominium units., 2017
  • Clark v. Pointes North Condominium Association, et. al. - Grand Traverse County Circuit Court Case No. -11-28675-CH-  Obtained summary disposition on behalf of client that resulted in the Court declaring that purported amendments to the Condominium Association's Master Deed and Bylaws were illegal, unenforceable and void ab initio. Obtained complete dismissal of all counter-claims and was awarded the right to attorney's fees and costs under the Michigan Nonprofit Corporation Act for  prevailing on derivative claims.  The client received a $200,000 monetary settlement and an easement was created to resolve issues between the units that were illegally added to the condominium project.      , 2012
  • Nottingham Village Condominium Association v. MJC Companies, et. al. - Wayne County Circuit Court Case No. -2011-007050-CZ.  Represented a Condominium Association against a developer and its various contractors in a construction defect matter with a total of 21 Defendants.  Obtained a monetary settlement of  $276,250 along with road repairs, for which the Condominium Association was seeking $500,000 in damages to repair the roads., 2013
  • Theresa Greenway and Karen Foco v. Tom Atwell Homes & Realty, Inc., Ponemah Lake Developments, LLC, Ponemah Lake Estates Association, Tom Atwell, et. al.  - Genesee County Circuit Court Case No. -2012-099299-CH.  Represented co-owners in a site condominium in a dervivative action involving equitable claims of turnover of control of the condominium board to the co-owners and the successor developer failing to pay assessments. Obtained Summary Disposition which resulted in a settlement of $131,000 as well as turnover of control of the Association's Board to the co-owners., 2014
  • Gardenia Plaza, LLC v. Service Stations Installation, Inc. et. al. - Wayne County Circuit Court Case No. 06-635448-CH - Obtained Settlement of $40,000 on behalf of contractor via counter-claim and dismissal of over $100,000.00 in alleged damages in primary complaint in construction defect matter., 2008
  • Ammar Shell Investors II, LLC, et. al. v. National Specialites, Inc. et. al. - Oakland County Circuit Court Case No. 06-072682-CK - Served as co-counsel at jury trial in successful defense of subcontractor against negligence claim seeking in excess of $100,000 in damages and obtained in excess of $25,000 on counter-claim., 2007
  • Cove Creek Condominium Association v Vistal Land & Home Development, LLC, et. al. - Oakland County Circuit Court Case No. 2016-155706-CH.  I represented a condominium association that claimed title to 14 units from a successor developer under MCL 559.167.  The court interpreted the newly amended MCL 559.167 in favor of the condominium association in a case of first impression and granted summary disposition in favor of the condominium association.  The 14 units were purchased for approximately $300,000., 2017
  • P.E.K. Investments, LLC v. Brandenburg - Wayne County Circuit Court Case No. -2012-008098-CZ.  Represented property owners and successfully dismissed $354,000 claim for monteary damages via Summary Disposition.   Obtained Summary Disposition on counterclaim for adverse possession and quieted title to property with estimated value of $135,000., 2014

Videos:

  • Confederate Flags in HOA’s , The Now - WXYZ, 2017
  • WXYZ Detroit (Channel 7) recently interviewed Kevin Hirzel regarding short-term rentals. The interview discusses the impact of local ordinances, condominium bylaws and homeowners association bylaws on short-term rentals and AirBnB use. The interview also discusses insurance and liability implications associated with AirBnB use., What you need to know if you are renting your home out for extra cash, 2017
  • https://www.youtube.com/watch?v=20acqc9TqZY&app=desktop, Fake Emotional Support Pets, are people gaming the system?, 2018
  • 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 limited exceptions., The ABC's of HOAs...why not abiding by the rules can get you into trouble, 2017

Educational Background:

  • University of Detroit Mercy School of Law - Cum Laude, 2006
  • University of Michigan, B.A., 2003

Industry Groups

  • Community Associations
Office Location for Kevin Hirzel

37085 Grand River Ave, Ste 200
Farmington, MI 48335

Kevin Hirzel:

Last Updated: 5/15/2019

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