A restrictive covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. When a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded.
Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The Michigan Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a legal document that outlines the rules and regulations governing a specific subdivision or community in the state of Michigan. This declaration is created to ensure the overall harmony, aesthetics, and quality of life within the subdivision. It establishes the rights and obligations of homeowners, developers, and future buyers, and aims to maintain property values and the collective interest of residents. There can be different types of Michigan Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision, depending on the specific requirements and characteristics of the community. Some key variations may include: 1. Residential Subdivision: This type of declaration applies to residential areas where single-family homes or multi-unit dwellings are located. It outlines guidelines for home architecture, property use restrictions, maintenance responsibilities, and guidelines for common areas such as parks, clubhouses, or swimming pools. 2. Planned Unit Development (PUD): A PUD declaration is specifically designed for developments that integrate various types of land use, such as residential, commercial, and recreational areas. It covers not only the residential aspects but also the commercial property guidelines, parking regulations, and any other specific rules governing different zones within the PUD. 3. Condominium Subdivision: This declaration is applicable to condominium developments where individual units are owned by different individuals or entities. It defines the rights and responsibilities of individual unit owners, including common areas, shared amenities, assessments, and maintenance obligations. 4. Vacation or Resort Subdivision: In tourist areas of Michigan, there may be subdivisions created for vacation or resort purposes. In such cases, the declaration focuses on vacation rental or timeshare regulations, including rental policies, vacationer behavior standards, and the proper usage of shared facilities. Regardless of the subtype, the Michigan Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision serves as a legal contract between homeowners and the governing body, usually a homeowners association or a developer. It ensures that the community operates smoothly, maintains property values, and provides a high quality of life for its residents.
