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Do condo association by laws usually have "guests can stay in the owners condo for so many days"

Pinckney, MI |

this question pertains to a family member living at my dad's condo for the last 3 months

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Attorney answers 4

Posted

You would have to look at the Condo Associate Bylaws.

Posted

Every set of bylaws can contain different terms, language, or requirements.

Posted

Generally no, but my colleagues are correct. You have to check the bylaws to know for sure.

Posted

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.

This response is based on limited information that you provided and does not establish an attorney client relationship. In order for an attorney client relationship to be formed, an engagement agreement must be signed and a retainer must be paid.

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