Does the Board Have a Duty to Enforce the Master Deed, Bylaws…..As Written?

Posted on by

In Michigan, the terms of a master deed, bylaws or other restrictive covenants are contractual in nature. See Rossow v. Brentwood Farms Dev, Inc, 251 Mich App 652, 658, 651 NW2d 458 (2002). The Michigan Courts have generally held that a master deed, bylaws or other restrictive covenants are to be enforced as written.

Generally speaking, the master deed, bylaws or other restrictive covenants will charge the board of directors with enforcing these documents.  Similarly, the terms of the governing documents and the Michigan Condominium Act require every owner to “…comply with the master deed, bylaws, and rules and regulations of the condominium project…” MCL 559.165. Accordingly, as a general rule, the board of directors of a condominium association or homeowner association is required to enforce the governing documents as written.

Read the article

Comments are closed.