Dec
23
Added:
12/23/2011 9:32 AM
Property restrictions come in many forms and from many places - the State of Michigan, Kalamazoo County and your local jurisdiction. Some you may be aware of and others may be new to you.
- Public Restriction – these are typically zoning ordinances or those imposed by your local governmental agency.
- Deed Restrictions – these are what most people refer to as building & use restrictions and can be presented in two forms
- The restrictions can be listed on the actual deed
- The restrictions are in the form of “plat restrictions” or neighborhood restrictions that were previously recorded with the county Register of Deeds.
If your home is part of a Neighborhood Association or Homeowners Association you will typically have plat restrictions. The association has the authority to enforce those restrictions. The association also has the authority to eliminate restrictions based upon the buy-laws of the association. Sometimes it takes a simple majority while other times it may take a 2/3 majority vote to impose or eliminate a restriction.
Even if your home is not a part of an association but is located in a neighborhood, you may still have plat restrictions. Usually the plat restrictions were created by the original developer of the neighborhood and recorded with the Register of Deeds at some point during the creation of the neighborhood. If you are not a part of an association, then each homeowner has the right to seek enforcement of the plat restrictions rather than having the association enforce them.
Even though you have a right to enforce restrictions it can sometimes get a little complicated. Public Restrictions are fairly easy to enforce. You contact the local agencies that handles whatever the violation is and they will issue a notices to comply. If the notice is not complied with, next may come a fine, then the possibility of adding the unpaid fines to your tax bill and then may come litigation or a lien on the property.
The same is almost true for associations and for those people that don’t live in an association. Sometimes associations can impose fines or add additional fees to your association dues. This process should be spelled out in your association by-laws as to what is and is not permitted. However, if the offenders of the restrictions still do not comply and the local government has no jurisdiction your only recourse may be litigation.
The Michigan Courts typically enforce restrictions that are clearly spelled out as long as they do not violate those items prohibited by law (ex. The protected classes which include but are not limited to race, color, religion, age, sex, marital status & national origin). However, if the restrictions are unclear the court will usually rule in favor of the property owner and their right to use the property freely. Remember, these are typical outcomes. Your situation may be unique and you should never guess as to the actual outcome of a trial.
If you are not sure if your neighborhood has plat restrictions, you can get that information from the original developer, your local title company or the Register of Deeds office.
Joy Watts
Watts Realty Team
5071 Gull Road
Kalamazoo, MI 49048