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Dexter council debate highlights limits of city enforcement over condominium bylaws
Summary
Council members and the city attorney discussed whether the city can enforce private condominium and HOA bylaws, with the attorney saying ordinances are enforceable by the city but private contract terms generally are not; residents and council members urged clearer alignment between bylaws and city code.
Council members spent an extended portion of the meeting debating whether the city can enforce private condominium master deeds and homeowners association bylaws, a question that residents said is causing local disputes.
Council member Joe pressed the city attorney, Ben Bram, for options after a resident described BYLAW language in the Westridge community she said limited lighting and fencing. "The city lost the ability to enforce that particular one in court," a council member said during the discussion, and Mr. Bram responded that the city enforces ordinances but not private contracts. "When you sign up or agree to live within an HOA you get a set of all the documents and you know you're charged with that knowledge," Bram said, explaining legal limits on municipal enforcement.
Michelle, the city's community development manager, and other council members said the council reviews condominium and master-deed documents to ensure they do not affirmatively allow uses that the city's zoning would prohibit. "We review it to ensure that it meets the condominium act and that it doesn't allow anything that you haven't approved," Michelle told council.
Residents and some council members urged procedural changes so future condominium and HOA documents better align with city expectations. Suggestions raised included placing language in bylaws that requires any restriction covered by city ordinance to follow city approval requirements, or otherwise ensuring the master deed states compliance with applicable code. Ben Bram said the most direct route the city can take is to make sure comparable regulatory provisions exist in the city code so enforcement can happen under the municipal ordinance, not under private contract.
Council members and participants agreed there is no quick legal fix for existing subdivisions where master deeds and bylaws are already recorded; amending those contractual documents requires the HOA and property owners to pursue internal amendment processes or private legal action.
The council did not take formal legislative action on this issue at the meeting. Discussion closed as the body moved on to other agenda items.
