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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