QUESTION

What is the definition of an open construction for a fence?

Asked on Aug 09th, 2017 on Landlord and Tenant Law - Michigan
More details to this question:
I live in an association and in the Deed of Restrictions it says that all fences must be no higher than 5' and be of "Open Construction". In my county, there is no legal description of what Open Construction means. I want to put up a nice wood fence but they won't let me. They said that I can only put up chain link or split rail. How do I go about getting my local county government to define this? Many other local governments list open construction as the space between boards being equal to the board width. This is what I want to do but because my county does not list this definition my association feels they can determine their own definition.
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1 ANSWER

Real Estate Attorney serving Battle Creek, MI
1 Award
The county has nothing to do with private deed restrictions. The restrictions should either define the term or contain some procedure for determining if something is allowed or not.
Answered on Oct 19th, 2017 at 5:09 PM

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