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I am a co-owner in a subdivision association in Belleville,

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MI. I received a letter...
I am a co-owner in a subdivision association in Belleville, MI. I received a letter from the association citing that I was being fined for violation of the by-laws by installing solar landscaping light without permission from the board. There are two neighbors on my block who have installed similar lights in the same area of their lawn who have not been informed they are in violation of the by-laws nor fined. Additionally, another neighbor has installed a satellite dish on the roof, also a violation of the by-laws, who told me that he was told by the Vice-President of the association that even though he was supposed to get approval from the Board prior to installing the dish, "not to worry about it,". Is this selective enforcement of the by-laws legal? What recourse do I have in this situation?
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/29/2010
Lawyer: legaleagle, Lawyer (JD) replied 8 years ago
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
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It is not legal but you will have to sue the association to get a court to tell them they can not selectively apply the bylaws, if they do not agree with you when you tell them they are acting illegally. You should also get statements from the other owners that they did not get prior approval for the lights and dish so that you can use that as evidence.
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Customer reply replied 8 years ago
Specifically what law(s) is/are the association violating by selectively enforcing the by-laws?
Lawyer: legaleagle, Lawyer (JD) replied 8 years ago
It would be discrimination and the association statute which gives the association the obligation to enforce the bylaws. I have to log off for awhile but when I get back on I will get on Lexis Nexis and get the actual MI statute that regulates your association. Thank you for your patience.
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