Therefore, the Port Sutton Community was authorized by the assignment and the resolutions of its membership to take action.Ĭan a Voluntary Homeowners Association Enforce Its Deed Restrictions? Moreover, the condominium associations and members approved resolutions authorizing the Port Sutton Community to act on their behalf. Although the Port Sutton Community did not have a constitution, bylaws, articles of agreement, or rules governing its conduct, there was no legal requirement that an unincorporated association needed such documents to legally take action. Therefore, the Port Sutton Community was an unincorporated voluntary association.Īfter determining that an unincorporated association is a legal entity and that the Port Sutton Community was an unincorporated voluntary association, the Court of Appeals held that the Board had the legal authority to take action on behalf of the Port Sutton Community. Further, the assignment established (1) the Board’s intent to manage the rights and responsibilities of the four condominium associations, (2) the method for choosing the members of the Board and their votes, and (3) the four condominium associations approved the Board’s governance. After reviewing past caselaw and statutes, the Court of Appeals determined that an unincorporated association is a legal entity. Suttons Bay Yacht Village Condominium Association, one of the condominium associations within the Port Sutton Community, filed a lawsuit against the Port Sutton Community and its Board of Representatives challenging the Board’s existence as a legal entity and its authority to take action under the declaration. In accordance with the assignment, an informal Board of Representatives was created and assumed responsibility for governing the Port Sutton Community, and all the four individual condominium associations approved their respective Board representatives to act on their behalf. Each voting representative shall be entitled to cast the number of votes which represents the number of dwelling units within the Condominium represented by him/her provided, that if no dwelling units have yet been completed in the Condominium represented, the voting representative shall be entitled to cast one vote. Under the declaration, the members of the Port Sutton Community could assign their rights, duties, and obligations under the declaration “to the condominium associations collectively.” The declarant thereafter executed an assignment that provided:Įach Association shall appoint one voting representative to the informal Board of Representatives of the Port Sutton Community. The Port Sutton Community was established pursuant to a declaration of covenants, conditions, and restrictions, and consisted of four separate condominium associations. 325327), the Michigan Court of Appeals held that an unincorporated voluntary association had the authority to administer and enforce its restrictive covenants as a master homeowners association. In Suttons Bay Yacht Village Condo Ass’n v Board of Representative of Port Sutton Community, unpublished per curiam opinion of the Court of Appeals, issued (Docket No. Is an Unincorporated Voluntary Homeowners Association a Legal Entity? This article examines two cases from the Michigan Court of Appeals that discuss voluntary homeowners associations and whether they can enforce the restrictions with their declarations. But as a voluntary homeowners association, some members may believe that the association’s restrictive covenants are more of guidelines than rules, and that the HOA cannot enforce the restrictions within its declaration. A voluntary homeowners association is just that, an HOA where membership is voluntary. While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence. Please contact authorities if you spot it and do not approach it.įlorida Fish and Wildlife: 888-404-FWCC (3922).Most homeowners associations require that owners within the subdivision be members of the association. You can read more about bear sightings and precautions on the following websites:

Also, please secure your garbage cans and eliminate any food sources that would attract the bear to your house like outdoor pet food. Please be mindful of our natural wildlife and take appropriate precautions when outside (including yourself, children, and pets). Seminole County Animal Control and FL Fish and Wildlife have been notified and are working to locate the bear, if they haven’t already done so. On Sunday, May 15, 2022, a large black bear was sighted in the neighborhood on the Winter Springs side around the large pond on Biscaye, as well as walking along Biscayne & Kissimmee, and climbing over fences between backyards.

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