Articles published by:

Michael Pereira

Bylaw & Covenant Enforcement August 17, 2022

Can a Voluntary Homeowners Association Enforce Restrictive Covenants?

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
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Bylaw & Covenant Enforcement June 17, 2022

Good Fences Make Good Neighbors: Know Your HOA Bylaws Before Installing a Fence

Property owners that are subject to restrictive covenants may want to install a fence for any number of reasons, such as keeping a dog or children in the yard, keeping pesky rabbits and deer out of the yard, or for aesthetic value.  However, HOA bylaws commonly contain restrictions on fences, whether it be prohibiting fences altogether or proscribing the type…
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Bylaw & Covenant Enforcement April 20, 2022

Restrictive Covenants and Accessory Buildings: Is It Better to Ask Your HOA for Forgiveness or Permission?

In order to create a Michigan nonprofit corporation, such as a condominium or homeowners association, a developer is required to file the articles of incorporation with the Michigan Department of Licensing and Regulatory Affairs (“LARA”). Similar to other community association governing documents, such as declarations, HOA bylaws, or master deeds, changes in technology and the law, such as the 2015…
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