Cobmoosa Shores - Rental Registration Program
A letter with this information was sent to all current rental registration program registrants by Paul Jordan on April 21, 2021
Introduction
The Cobmoosa Shores Association Rental Registration Program has been discontinued, effective immediately. This action was taken because of information the board recently from its attorney. Please continue to read on for more details.
Background
Earlier this year we asked our attorney to investigate the Board’s authority to regulate rentals and other businesses within the Association. The investigation found that the original deeds for properties within Cobmoosa Shores have certain restrictions on their use. Current property owners are still bound by the original restrictions. The Board does not have the power to change or override the restrictions.
The original Cobmoosa Shores deed restrictions may be found below.
Deed Restrictions on Rentals and Businesses
The two deed restrictions are most relevant to rentals and other businesses:
Most of the registrations that were received by the board were for short-term rentals. Current Michigan case law apparently defines short-term rentals for profit as a commercial purpose. According to our attorney, all rental activity, including short-term rentals, is prohibited under our deed restrictions. This is also true of any other businesses operating within the Association.
Implications
The deeds do not give direction or authority to either the Board or the Association regarding enforcement of the restrictions. However, individual members could take legal action against other property owners if they believe they are harmed by prohibited activities. Anyone who rents or operates a business within the Association therefore does so at their own potential risk.
Owners are advised to investigate the deed restrictions on their own property and to consult with an attorney if you have any questions about them.
Rental Registration Program
At the April board meeting, the Board therefore voted to end the Rental Registration Program due to our concern that the program’s existence might cause confusion. We also deleted the section on commercial activity from our Protective Covenants and removed rental registration information from the Association website. We do not want to imply that rentals are allowed or require approval when the deed restrictions prohibit them.
The written opinion of the attorney is attached to the minutes of the April board meeting.
Original Cobmoosa Shores Deed Restrictions
EXHIBIT: These are the Property Restrictions as Set Forth in the Original Cobmoosa Shores Conveyancing Deed
Subject to the following restrictions and easements:
Introduction
The Cobmoosa Shores Association Rental Registration Program has been discontinued, effective immediately. This action was taken because of information the board recently from its attorney. Please continue to read on for more details.
Background
Earlier this year we asked our attorney to investigate the Board’s authority to regulate rentals and other businesses within the Association. The investigation found that the original deeds for properties within Cobmoosa Shores have certain restrictions on their use. Current property owners are still bound by the original restrictions. The Board does not have the power to change or override the restrictions.
The original Cobmoosa Shores deed restrictions may be found below.
Deed Restrictions on Rentals and Businesses
The two deed restrictions are most relevant to rentals and other businesses:
- “No building shall be erected or maintained on any lot within Cobmoosa Shores, other than a private residence and garage for the sole use of the owner or occupant.”
- “No part of said premises shall be used for commercial or manufacturing purposes.”
Most of the registrations that were received by the board were for short-term rentals. Current Michigan case law apparently defines short-term rentals for profit as a commercial purpose. According to our attorney, all rental activity, including short-term rentals, is prohibited under our deed restrictions. This is also true of any other businesses operating within the Association.
Implications
The deeds do not give direction or authority to either the Board or the Association regarding enforcement of the restrictions. However, individual members could take legal action against other property owners if they believe they are harmed by prohibited activities. Anyone who rents or operates a business within the Association therefore does so at their own potential risk.
Owners are advised to investigate the deed restrictions on their own property and to consult with an attorney if you have any questions about them.
Rental Registration Program
At the April board meeting, the Board therefore voted to end the Rental Registration Program due to our concern that the program’s existence might cause confusion. We also deleted the section on commercial activity from our Protective Covenants and removed rental registration information from the Association website. We do not want to imply that rentals are allowed or require approval when the deed restrictions prohibit them.
The written opinion of the attorney is attached to the minutes of the April board meeting.
Original Cobmoosa Shores Deed Restrictions
EXHIBIT: These are the Property Restrictions as Set Forth in the Original Cobmoosa Shores Conveyancing Deed
Subject to the following restrictions and easements:
- No building shall be erected or maintained on any lot in Cobmoosa Shores, other than a private residence and a private garage for the sole use of the owner or occupant.
- Any garage erected or maintained must conform in appearance and construction to the residence on such lot.
- No part of said premises shall be used for commercial or manufacturing purposes.
- No residential building shall be erected or maintained on any lot in Cobmoosa Shores having a ground floor area of less than 720 square feet.
- No building shall be erected or maintained on any lot in Cobmoosa Shores closer than 10 feet from front lot line, nor closer than 6 feet from back or aide lot lines.
- No outside toilet or privy shall be erected or maintained in Cobmoosa Shores.
- No animals or birds, other than household pets, shall be kept on any lot in Cobmoosa Shores.
- Building exteriors must be of brick, frame, or block construction; and wood exterior or block exterior must be painted.
- The placing of house trailers, regardless of size and facilities, shall be prohibited on any lot in Cobmoosa Shores.
- Easements are reserved along and within 5 feet of the rear line, front line, and side lines of all lots in this subdivision for the construction and perpetual maintenance of conduits, poles, wires and fixtures for electric lights, telephones, water mains, sanitary and storm sewers, road drains, and other public and quasi-public utilities and to trim any trees which at any time may interfere or threaten to interfere with the maintenance of such lines, with right of ingress to and egress from across said premises to employees of said utilities. Said easement to also extend along any owner's side and rear property lines in case of fractional lots. It is understood and agreed that it shall not be considered a violation of the provisions of the easement if wires or cables carried by such pole lines pass over some portion of said lots not within the 5-foot-wide strip as long as such lines do not hinder the construction of buildings on any lots in this subdivision.
- These conditions and restrictions shall be binding upon all owners of lots in Cobmoosa Shores, their heirs and assigns.
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