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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32362
Experience:  Began practicing law in 1992
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We own a 'site condo' lot in a Motor Coach Resort in

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We own a 'site condo' lot in a Motor Coach Resort in Traverse City, MI. Beautiful resort, many great owners and a developer that works tirelessly to keep it immaculate in every way. We have a situation with 3 disgruntled owners (one that just purchased a few months ago and 2 that have been there about 10 years). These 3 (one in particular) are / is determined to 'own this resort' (as he has said) and get rid of the developer. They constantly drive around in their golf cart following the staff and taking pictures as they perform their jobs, they have numerous times driven by the Sales Agent that was showing prospective buyers a lot and shouted 'you don't want to buy here because there is a big lawsuit coming' and the highlight 2 days ago was an extremely loud and inappropriate verbal confrontation with another owner where the following statement coming from one of the disrupters to another neighbor - 'I will offer you $15,000 for your lot right now and if you don't take you better learn to kiss me from head to toe because I will own this place'. As reference point, the lots in our community currently sell in the range of $59,000 - $95,000 depending on location and improvements to the lot.
My question is this - is it feasible to adopt a type of 'code of conduct' for the owners in the Association in addition to the Board to stem the harassment and aggravating outbursts that disrupts many of our days. We are too old and life is too short to deal with this type of behavior. We really do not understand why they even choose to continue to live here (summers only) if they are so disenchanted.
Thank you
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

is it feasible to adopt a type of 'code of conduct' for the owners in the Association in addition to the Board to stem the harassment and aggravating outbursts that disrupts many of our days.

Yes, although there are limitations and it will be extremely hard for a layman to draft a rule that fits this and is actually enforceable. If the Ass'n and the Board is going to adopt tules then they should have them all drafted by a lawyer or buy a "form" set of them and have the lawyer make any necessary changes including this one.

The developer could almost certainly have a court issue an injunction against the people doing things like this if they want to go to the trouble of hiring a lawyer and filing for the injunction but it is very possible the attorney's fees would be recoverable.

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