RosalynS (Michigan)
Posts: 5
Posts: 5
Posted:
I think I may have misunderstood this issue before, so hopefully I can provide a clear question. In Michigan, what happens if a Declarant's property gets foreclosed on with respect to his rights/responsibilities under the Master Deed. Specifically, do his rights and responsibilities transfer automatically to a new owner?
Our master deed gives the declarant the right to amend and enforce the master deed and CCRs therein. It gives him the right to transfer, assign, or hold his rights indefinitely. I have the strong suspicion that when his property was foreclosed, he did not assign those rights/responsibilities.
The builder who purchased the majority of his lots is trying to enforce these restrictions and is threatening to change the restrictions in the master deed. My understanding is that the covenant runs with the land, and though he can enforce these restrictions as a property owner (by going to court), he may not amend restrictions or enforce restrictions with a lien/fine (that being reserved for the declarant).
Is this accurate or am I missing something?
Our master deed gives the declarant the right to amend and enforce the master deed and CCRs therein. It gives him the right to transfer, assign, or hold his rights indefinitely. I have the strong suspicion that when his property was foreclosed, he did not assign those rights/responsibilities.
The builder who purchased the majority of his lots is trying to enforce these restrictions and is threatening to change the restrictions in the master deed. My understanding is that the covenant runs with the land, and though he can enforce these restrictions as a property owner (by going to court), he may not amend restrictions or enforce restrictions with a lien/fine (that being reserved for the declarant).
Is this accurate or am I missing something?