Associations enforce recorded CC and Rs through notice, fines, and civil litigation under MCL 559 and MCL 450.2101. Wayne County does not enforce private covenants.
Covenants, conditions, and restrictions (CC and Rs) recorded with the Wayne County Register of Deeds are private contracts running with the land. Enforcement is the responsibility of the association or other parties with rights under the instrument. Typical enforcement steps include a written violation notice, an opportunity to cure, imposition of fines or assessments as authorized by governing documents, suspension of privileges, and ultimately civil suit for injunctive relief and damages. Under the Michigan Condominium Act (MCL 559.206), associations have statutory enforcement authority for condo bylaws and rules. HOAs rely on CC and Rs and the Nonprofit Corporation Act. Due process requires reasonable notice and an opportunity to be heard before penalties become final. Selective or inconsistent enforcement may waive the association's ability to enforce against one owner but not another. Wayne County government does not enforce CC and Rs and cannot compel HOAs to act.
Contact your local code enforcement office for specific penalty information.
See how Wayne County's cc&r enforcement rules stack up against other locations.
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