Bylaw & Covenant Enforcement

Most condominium and homeowners associations rely on deed restrictions that require homeowners to obtain approval before making exterior alterations to their property. These architectural control provisions are designed to preserve neighborhood character and protect property values. Disputes frequently arise when homeowners proceed with improvements without obtaining the required approval. However, a different issue arises when a condominium or homeowners association…

What Michigan Homeowners’ Associations Should Know About Private Park Ownership   Overview The Michigan Court of Appeals recently issued an important opinion for Michigan homeowners’ associations and lake communities across the state. In Sutton v Nakfoor, unpublished per curiam opinion of the Court of Appeals, issued July 11, 2025 (Docket Nos. 372485 and 372489), the Court ruled that when a…

Seasonal Docking Rights in Michigan Subdivisions: Understanding Property Use Restrictions   Homeowners associations often adopt deed restrictions that govern the way property can be used within their communities. These restrictions can influence what property owners can place on their land and whether they can construct, replace, or expand on these items. In addition to deed restrictions, local zoning ordinances can…

HOA Deed Restrictions: When is a View “Obstructed”? Lakefront property is often highly desired, and individuals owning these properties often wish to keep their view of the lake undisturbed. In an effort to ensure property owners are able to enjoy their lake view, homeowners associations for lakefront communities often adopt deed restrictions that protect this view and keep it free…