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Real estate attorney needed

Sterling Heights, MI |

convenant, conditions and restrictions in a sub.. Legally binding after the home owners association is dissolved?

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Posted

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Posted

I think your answer would depend on the circumstances. I do not think that the mere dissolution of the HOA voids the deed restrictions. They could be rescinded by vote of the homeowners, but it is not automatic. Many deeds have restrictions when there is no HOA.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

The dissolution of the HOA will have no effect on the deed restrictions. I would have to read and review all of the documents.

To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

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Posted

What if the development company went out of business?

John F. Brennan

John F. Brennan

Posted

That would not matter, it depends on what was recorded. The various landowners have a right to rely in the restrictions of record which they are bound to, and can expect others to be bound by as well. Again, it is on the documents.

Posted

The dissolution of the HOA should not affect the enforcabilty of the restrictions. The Master Deed MAY contain provisions to the contrary. Unlikely though.

So there is no misunderstanding, this answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. You will not become my client unless and until you retain me.

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