Court affirms right of association to deny fence request for purely aesthetic reasons

In Brock v Winding Creek HOA, an unpublished Michigan Court of Appeals opinion, the homeowner sought approval to install a fence around her swimming pool.  The association denied the request on aesthetic reasons.  The homeowner filed suit challenging the decision.  The court held that language in the covenants, conditions, and restrictions allowing the association sole discretion to approve or deny fences for aesthetic reasons grants broad discretion to the association.  The court did approve the trial court’s ruling that, to the extent that the association’s fence restrictions contradicted local ordinances requiring fences and describing acceptable height requirements, the restrictions must give way before the local ordinance.

© Steve Sowell 2017