Get 2 months of free community web site hosting from Community123.com!
Monday, July 22, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Unenforced policy in deed restrictions
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
EricC8
(Michigan)

Posts:2


07/04/2019 7:48 AM  
Hello all,

Small lake HOA homeowner/combat veteran, new member. We have an electric motor only / not to exceed 3.5 HP policy that was put in the restrictions in 1959. I purchased my boat 3 years ago and asked the lakes chair about these rules as this is my first experience with an HOA and the boat I was interested was 4.0 HP. I was told that it was not an issue, that as long as there is no "speed boats" its really not enforced. I believe there are now 14-15 boats with the same motor on the lake.

Recently, I asked a question about an electric body board on our HOA facebook page and posted a video of what I was talking about. Overall it was a good discussion with a few people dragging the conversation south. The HP of the electric body board was calculated at 5.0HP and the deed restrictions were mentioned.

Wanting to stay transparent about everything I mentioned that there are many boats that violate that going back years before me and that we can not pick and choose when to apply the rule. It's either allowed or it isn't. After many back and forth's the end result is now the board is discussions their options as to potentially having these 14 motors removed from the lake. Is there a statue of limitations when a policy that's in the deeds has gone unenforced for so long/so many times before it just doesn't apply? Again, I sought out the lakes chair before purchase wand was given the green light.

I'm trying to learn more about anti-waiver provisions and was hoping to get some good knowledge here. Thanks in advance!
MelissaP1
(Alabama)

Posts:8300


07/04/2019 7:58 AM  
You and your others members have the power to change the rule if you don't like it. Who says you have to follow a rule just because it exists in old documentation? There is the ability to vote and change it to what better fits your community NOW. Look at your documents to find out how.

Former HOA President
EricC8
(Michigan)

Posts:2


07/04/2019 8:04 AM  
The deed language appears to be difficult to modify with how it is stated.

"12) All of the restrictions, conditions, covenants, charges, easements, and agreements contained
herein shall be for a period of twenty-five years from January 1, 1959 and shall automatically be
continued thereafter for successive periods of twenty-five years each; provided, however, that
the owners of the fee simple title of seventy-five percent or more of the lots in said plat may
release all or part of said lots from all or any portion of these restrictions at the end of this first
twenty-five year period, or any successive twenty-five year period thereafter by executing and
acknowledging an appropriate agreement or agreements, in writing for such purposes and filing
the same for record in the office of the Register of Deeds for Livingston County, Michigan, at
least five years prior to the expiration of this first twenty-five year period, or of any twenty-five
year period thereafter. (The date of January 1, 1959 in the above paragraph applies to
Greenfield Shores and Greenfield Shores #2. The date of January 1, 1960 applies to Greenfield
Shores #3 and #4 instead of January 1, 1959.)"
AugustinD


Posts:1791


07/04/2019 8:38 AM  
Eric, you happen to be on the right track. If a covenant is not enforced, and especially if it is not enforced for many years, then the courts may very well rule the covenant has been "abandoned," and HOAs may not enforce it. Google on "abandoned covenants" for some good discussion. In particular, I think that, if push came to shove and this went to court, the HOA would not be successful in removing the 14 boats or their motors. But a caveat, just in case you're new to the HOA game: Going to court is not fun. Do your best to keep things amicable. This forum often gives advice on when to write polite letters that speak concisely of the law and ask the board, respectfully, to consider this law.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Unenforced policy in deed restrictions



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement