Legal Question in Real Estate Law in Michigan

Re: Home owners associations

It sounds like you may have "bought in" to the association. If the association was properly formed and there was a public record of it in the county Register of Deeds, then the legal concept of "constructive notice" probably applies.

Constructive notice means that we are all assumed to know everything that is on the public record since we could go look it up at almost any time.

If there was proper constructive notice of the association in your chain of title, you may actually be bound contractually. This would not violate the Constitution, or any other law if it were done correctly because of the fact that you would have freely chosen to buy into the association when you bought your real estate.

It may be possible that you have some kind of claim against a party who had a duty to inform you of the situation, or at least the possibility of a situation like this, such as a Buyer's Agent, or the Seller or Seller's Agent if this is found to be a material (relevant) condition that should have been disclosed.

Re: Home owners associations

There may be restrictions in the deed. Most subdivisions are platted and the restrictions/requirements are contained in the Platted plan. For more info. call my office at (248)851-3171.