Legal Question in Real Estate Law in Michigan
I am President of a home association that has 35 homes in it. The bylaws and declarations of the association stipulate that a recreational vehicle can not be parked for more than 2 weeks on any property. We have one person who has had a trailer on the property for months and refuses to move it. They are in violation of the rules of the association. The bylaws state that the directors have a right to enfores the rules and in this case I think we need to get an injuction/court order asking her to remove her vehicle or have it towed away. How do we go about doing this? This is a non profit association so we do not have the funds to pay for an attorney. Any suggestions would help. Thank you
2 Answer from Attorneys
You will need to hire an attorney to enforce the rules. I'm sure you collect dues and this can be used to hire the attorney. Your bylaws also likely provide for collection of attorneys fees from the offender, so the assn might get those fees back. I have represented a few different associations in my career and have gotten compliance from offenders. Tim Klisz kliszlaw.com