QUESTION
which law suprceed the city law or hoa bylaws?
Asked on Mar 06th, 2017 on Real Estate - Michigan
More details to this question:
I build this fence around my home after getting city approval.however hoa thinks it is a violation because I didnt have their approval and want me to pay a fine. They are suing me in the court for that.So which law suprceed the city law or hoa bylaws?
1 ANSWER
Real Estate Law Attorney serving Holland, MI
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Cunningham Dalman
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In this case, you needed both city and HOA approval. City and state law can bar what an HOA might allow but restrictive covenants enforced by an HOA can bar what city and state law allow. That is why developers put restrictive covenants in place. Many bar or restrict fences.
Whether the HOA is properly denying you approval of a fence under the terms of the restrictive covenants is a different question.
Answered on Apr 03rd, 2017 at 5:33 PM