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  1. #1
    Join Date
    Dec 2004

    HOA not enforcing CCR's

    What is the name of your state? Michigan

    We bought our home in a homeowners association - we liked what the bylaws had to say about what was allowed/not allowed etc.

    While the builder is still building and I understand somewhat that they retain control until the 90% or so specified homes are sold, doesn't the management company (or someone) have an obligation to enforce the CCR's we were given when we decided to build here?
    I have had at least 2 conversations with the man that is supposed to be the contact for our subdivision and he was less than helpful. The issues I brought to light were that campers and boats were being stored in driveways (specified as not allowed in the ccr's) as well as political signs were up in many yards while the ccr's specify the only signage allowed is one indicating the home is for sale. My concern in part is that if these things are going to be allowed - things could really get out of hand with this and other violations and what am I paying so much money for?
    Thanks for your insight.

  2. #2
    seniorjudge Guest
    In most states, it is up to the HOA to enfoce the covenants (in court, if necessary). What does your HOA agreement say about that?

  3. #3
    Join Date
    Dec 2004
    I apololize for not being more clear - the "Association" has not been turned over to the homeowners at this point - the agreement gives the builder until 90% or more of the lots are sold - and there appears to be significant room left to build, so it could be a while.

    In the meantime, this management company that is our contact regarding the cccr's, doesn't seem too concerned about enforcing some of the restrictions but they are right on time when Dues are due. There are common areas that are taken care of and lighting that gets paid out of this money, but what are my rights as a homeowner with expectations that if we built our house here, the "rules and regulations" would be enforced? Do I need a lawyer, is there someone/somewhere else to contact - do I have any rights to stand on? If the management company isn't going to enforce the ccrs', who do I talk to next?

    Thanks again for your insight.

  4. #4
    seniorjudge Guest
    I do not know anything about Michigan law.

    I advise you go to a real estate attorney in your area; it might help your property values to stay the same (or, as you hope, appreciate!)

  5. #5
    Join Date
    Dec 2004


    Whether its been turned over to the HOA or not doesnt matter...the CCR's should be upheld anyway. But I'd find out how close they are to turning it over to the management company anyway to find out how long you'll have to wait. Otherwise, the builder should be upholding them.

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