Condominium / Homeowner Associations: Why You Should Enforce the Restrictions

Author: Joel W. Baar
Date: 06/14/2006

More and more people are moving into condominium projects or residential neighborhoods that contain certain restrictive covenants that may be enforced by the Association. We are often asked whether or not an Association should enforce the Restrictions that are contained in the Bylaws and/or the Master Deed.
First, the restrictions are to be followed by all residents, and the Board of Directors of the Association is given the primary responsibility to ensure that these restrictions are followed. The Board has a number of remedies available under the bylaws, and in a condominium project, there are also remedies available under the Michigan Condominium Act.
However, if the Board does not enforce the Restrictions, the Association may have difficulty enforcing the Restrictions down the road, when the Association decides to draw the proverbial line in the sand. We have witnessed a number of defenses that have been asserted by residents when the Association has not historically been diligent in enforcing the Restrictions. For example, residents often assert that the Board is discriminating against them, because other co-owners have been able to “get away” with similar conduct. A similar defense often asserted is that the Association has waited too long to enforce the Restrictions, and waived its right to enforce the Restrictions in any given situation. The bottom line is that the more the Board procrastinates, the more difficulty the association will likely face when they finally decide to enforce the Restrictions.
Our office has successfully represented a number of condominium and homeowner associations throughout the area. Our experience in handling sensitive issues between neighbors has also successfully resolved a number of disputes before they escalated into lawsuits. We have also amended Restrictions where appropriate. If your association needs guidance regarding the Restrictions, please do not hesitate to call us.