What is the name of your state? Michigan
I live in a subdivision that has a pond with an island and bridge as the commons area. One of the property owners has pond frontage on close to half of the pond and he is refusing to mow the edge, he doesn't like geese and says the grass will keep them off his yard. Last summer the weeds were 2 feet tall or more. The others with frontage keep the grass mowed and the area looking attractive. We had a meeting of our Association last night to discuss this and many other issues. The homeowner in violation came prepared with an "open letter to all members" he has expressed his intention to sue the association for trespassing if we hire someone to mow his grass. He says the building and use restrictions are not enforceable and the other pond frontage owners are in violation of the building and use restricitions because their grass is not harmonious with his.
Building and Use Restrictions Clause:
Maintenance of unimproved property - No parcel of property shall be allowed to remain in an unkempt condition. All parcels of property shall be kept in a condition harmonious with adjacent parcels and in keeping with the natural appearance of the parcel where appropriate. All grass and other growth shall be maintained and cut to reasonable heights at reasonable intervals where appropriate. In the event the parcels of property are not properly maintained, the Architectural Committee is authorized to contract for the necessary maintenance and charge the property owner with the cost for performing the required maintenance.