Are HOA guidelines per landscaping enforceable 8 months after the fact?

UPDATED: Mar 30, 2012

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Are HOA guidelines per landscaping enforceable 8 months after the fact?

My husband and I purchased a lot. We are in a rolling, wooded association. We built a beautiful home by everyones standards, including the HOA. We went ahead and landscaped our yard without turning in a landscape plan to the architectural committee. The guidelines do say we are supposed to, however, several neighbors informed us they did not. They simply conducted their own landscaping. That is what we did as well. We had one neighbor build after we built and they are complaining that our trees may block their view of the bay in the future. Will we have to remove the trees? Can the guidelines be enforced for one but not another?

Asked on March 30, 2012 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have really asked three different questions here.  Can the HOA enforce the guidelines especially if you did not submit the plans as required?  Yes, they can.  Are they subject to a statute of limitations?  Maybe but I doubt 8 months later will cause a problem.  Can they enforce the guidelines selectively?  No they can not.  You need to get legal help to straighten this out or come to an agreement with the neightbor.  Good luck. 

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