Sterling Heights, MI HOA Rules: CC&R Enforcement (2026)
Key Facts
- HOA covenants
- Irrelevant to city permit decisions
- Building Official limits
- Cannot vary the ordinance's terms
- City enforces
- Only its own Zoning Ordinance
- HOA rules
- Enforced privately, not by the city
Summary
Sterling Heights' zoning ordinance bars its own Building Official from using HOA deed restrictions or private covenants as grounds to approve or deny a building or zoning permit.
Deed restrictions, covenants or private agreements have no basis for approval or denial of a building and/or zoning compliance permit.
F. If any application for a permit is not approved, the Building Official shall state in writing the cause for such disapproval.
G. If the Building Official shall find that any provisions of this ordinance is being violated, he or she shall notify the person responsible for such violation and/or the owner of record of the lot upon which such violation is taking place. The notice shall include the nature of violation and the applicable section of the ordinances. He or she shall order discontinuance of the illegal use of any lots or structures; or if illegal additions, alterations or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance or City Code to ensure compliance with, or to prevent violation of, its provisions. (Ord. No. 278-OO, § 16, 8-5-09) Editor’s note: Ord. No. 278-A, §48, adopted April 17, 1990, amended the zoning ordinance by changing all references to "zoning official" or "chief zoning official" to refer to the "code enforcement officer." The aforesaid changes shall be made as the ordinance is amended.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-46: Local legislation current through Ord. 509, passed 5-19-26).
Full Breakdown
Section 29.01 of the zoning ordinance lays out what the Building Official can and can't do when reviewing permits, and subsection E draws a hard line: deed restrictions, covenants, or private agreements simply have no bearing on whether a building or zoning compliance permit is approved or denied. Combined with subsection D, which bars the Building Official from varying the ordinance's terms, this means the city applies only its own code -- an HOA's stricter rules on paint colors, fences, or parking exist entirely outside city enforcement and must be enforced by the HOA itself, typically through its governing documents.
Violations & Fines
This section imposes no penalty of its own; it simply bars deed restrictions from being used as grounds for a permit decision, so a permit denial based solely on HOA rules is a Building Official error, not a code violation.
Frequently Asked Questions
If my HOA rule is stricter than the city code, which one wins for a permit?
Can I get a city permit for something my HOA prohibits?
Sources & Official References
Other rules in Sterling Heights
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CC&R Enforcement in Nearby Cities
How other cities in Macomb County handle cc&r enforcement.