Can a condominiums by-laws be amended and made retroactive to an earlier datein order toforce a family to leave?

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Can a condominiums by-laws be amended and made retroactive to an earlier datein order toforce a family to leave?

Since 1998 I have been on the MI Sex Offender Registry. My wife and I live in a private community known as site condominiums. We purchased a lot in 2008, and in 2009 had home built. We moved in 11/09. We made sure that the condominium by-laws had no restrictions as to my living here prior to purchase of land. Can by-laws be changed and made retroactive forcing us out of home?

Asked on April 8, 2011 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends what you mean by "retroactive." For example, changing the bylaws to say that no sex offenders may live on the land is not necessarily "retroactive," since it would only have an effect going forwards from the date of the change onward--even if it is a profound affect on you. Similarly, condos that have pet owners may change to not allow pets; condos may change to not allow home businesses, even if they had been allowed previously; HOA, etc. assessements may be raised to levels that some residents find unsupportable. However, that is just a general rule. For how this could apply to your specific facts, you would need to consult with an attorney with condominium experience, who can evaluate all the details of your situation.


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