this question pertains to a family member living at my dad's condo for the last 3 months
You would have to look at the Condo Associate Bylaws.
Every set of bylaws can contain different terms, language, or requirements.
Real Estate Attorney
Generally no, but my colleagues are correct. You have to check the bylaws to know for sure.
Condo association bylaws are a form of a restrictive covenant which runs with the land. Restrictive covenants are made by agreement between the landowners to the agreement and run with the land to subsequent landowners. Restrictive covenants are strictly construed against those creating the restrictive covenant, and were an ambiguity exists, the law favors the free use of the property. Sampson v. Kauffman, 345 Mich 48 (1956).
As the other attorneys observed, the exact restrictions or the enforceability will depend on the language used by the drafter. The language must be exact to be enforceable.
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