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The role of common restrictive covenants in an HOA

On Behalf of | Jun 17, 2020 | Firm News

Homeowners associations in Michigan provide residents with a range of enjoyable amenities. They also require the observation of specific regulations to maintain a functional, comfortable and appealing community. 

While people have differing opinions about the purpose and necessity for HOAs, their understanding of the role of common restrictive covenants may enable them to stay in compliance with the rules in their community. 

Aspects of CC&Rs 

According to Realtor.com, CC&Rs encompass a variety of rules that vary depending on the location of a community, housing type and even environmental requirements. Some of the things people may notice in their CC&R documents include the following: 

  • Requirements for window coverings 
  • Parking restrictions 
  • Landscaping preferences 
  • Installation of exterior upgrades 
  • Fencing options 

People who pay close attention to the content in their CC&R documents may prevent unwanted fees, fines or liens on their home because they avoid breaking the rules unknowingly. In situations where an HOA claims a homeowner has violated the CC&Rs, this valuable document may provide clarity and proof in favor of one or both parties. 

HOAs have limitations 

Even though HOAs have the ability to implement rules and regulations in regards to various aspects of homeownership and maintenance, they must never overstep their legal boundary. Realtor.com reminds homeowners that their HOA does not have the jurisdiction to make outrageous decisions without input from the community or discriminate against homeowners. HOAs that fine homeowners without clear evidence of a violation will face legal repercussions. In these situations, homeowners have the right to pursue legal action and request an investigation into their case.