CC&Rs in Oakland County subdivisions and condominium projects (recorded at the Oakland County Register of Deeds, 1200 N. Telegraph Rd., Pontiac) run with the land and bind successive owners. Subdivision (HOA) restrictions are enforced under contract and real-property law plus the Michigan Nonprofit Corporation Act; condominium restrictions are enforced under MCL 559.206 and MCL 559.207 of the Michigan Condominium Act. Michigan courts will enforce reasonable restrictions but refuse to enforce restrictions that are vague, abandoned by acquiescence, racially discriminatory, or barred by recent statute (e.g., the Homeowner Energy Policy Act).
Standard CC&R enforcement runs: written notice of violation specifying the section breached, a reasonable cure period (usually 10-30 days), an opportunity for an informal hearing before the board, fines after notice and hearing per the published fine schedule, and — if non-compliance continues — suit for injunction and damages. In subdivisions (non-condo HOAs), the association is typically a Michigan nonprofit corporation and sues to enforce the recorded deed restrictions as a third-party beneficiary. The defense of 'changed conditions' or 'waiver by acquiescence' may defeat enforcement if the HOA has tolerated similar violations elsewhere in the subdivision. Discriminatory racial restrictions in older Oakland County deeds are unenforceable and may now be administratively removed under Michigan's 2022 Discriminatory Restrictions Act (MCL 565.491-.494). Snow-sidewalk-clearing and lead-paint maintenance obligations remain enforceable through the local city or township as well.
Continuing violations after notice may result in daily or per-occurrence fines as set in the rules, suspension of common-area use rights (where the documents allow), injunctive relief, and — for condo associations — attorney-fee shifting under MCL 559.206(b). Selective or arbitrary enforcement is itself a defense; boards should document violation tracking. Discriminatory restrictions are void and cannot be enforced.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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