Legal Question in Civil Litigation in Michigan
Association Authority
I live in a condo association, does the association guidelines supercede state and federal laws? I've been advised that another tenant allegedly saw me speeding...and I've been sent a letter stating this fact and that if it occurs again, that the association can fine me....is this legal?
2 Answers from Attorneys
Re: Association Authority
Check the association rules.
If the speeding was on condo property, it's not a legal rights issue so much as a conduct issue.
In general, no association laws do not "trump" any other law, it's a contractual agreement that affects real estate, that's all.
Re: Association Authority
That is the dumbest thing I've ever heard, I am laughing, I'm sorry, that's so ridiculous. I live in a condo too and if someone ever said that to me, I'd laugh in their face. What they'd have to do is file a complaint with the police department (just like any other citizen), but it would never hold up, since an officer didn't actually see you or radar you speeding - i.e., there is no proof!
While you can be "fined" for violating condo rules, like leaving trash out, etc., they can't prove you were speeding or breaking a local or state law. It would never hold up in court!
Ignore it and/or tell them to stop harassing you. And if they try to give you a citation, call me and I'll take care of it. 248.644.8771
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