Legal Question in Legal Ethics in Michigan

Condo Association Restricts Family Day Care

I have no idea which area of law I should have choosen.

Our residential building site condominium has a bylaw that restricts against

operating a family day care. ''No unit in the Project shall be used for other

than single-family residential purposes as defined by the Village of (omitted)

Zoning Ordinances, and the common elements shall be used only for

purposes consistent with single family residential use. The operation of a

family or group day care home within the Project is prohibited.''

Local zoning ordinances specifically allow family day cares. I've read that site

condos have to conform with the requirements of the zoning district in which

it is established. PA 59 of 1978. If so, this bylaw seems to violate MCL

125.216g(2). Or, is at least contrary to public policy.

Does this bylaw restriction have any merit?

Further, the builder who currently holds a majority vote over the homewoners

association is supposedly willing to grant us an exception to operate a family

day care. If true, what happens when he has less than majority vote and the

new majority wants to recind the exception? Would we be ''grandfathered'' or

could we lose our business and home?

Thank you for your assistance.


Asked on 6/24/06, 7:48 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Condo Association Restricts Family Day Care

Rather than getting a wrong answer by someone guessing, you should contact attornrey Robert Meisner who is the most expert lawyer on condos in the state and had major input into writing the condo law. He is in the North Woodward area, I believe. William S. Stern

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Answered on 6/25/06, 9:54 am


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