By Abby H. Cooper, Cooper & Riesterer PLC
A homeowners association (HOA), through its bylaws, mandated preapproval of all new development by an architectural control committee, created additional building standards, and required submission of a fee for all plans. Property owners, who were seeking to build more homes, sued the HOA in an effort to invalidate these new requirements. In Conlin v. Upton, 313 Mich. App. 243 (2015), the Court of Appeals confirmed that HOA bylaws which purport to “interpret” a restrictive covenant will not be enforced if they amount to an additional burden on the land.
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