Can Clearly Unenforceable Deed Restrictions Create Potential Liability for your Association?
Earlier this year, Channel 7 WXYZ did an exposé on a Bloomfield Township homeowners association called Wing Lake Farms, which had a 1948 deed restriction that states:
Second: That no lot, or any part thereof, shall be sold, conveyed, rented, leased or loaned by either party hereto to any person not of the pure, unmixed, white, Caucasian Gentile Race, nor shall any person not of the pure, unmixed white, Caucasian Gentile Race be permitted to occupy or use any lot or buildings erected thereon, except that an owner or tenant of the premises may employ servants thereon who are not of the pure, unmixed white, Caucasian Gentile Race.
Such deed restrictions are clearly unenforceable as a racial discrimination and have no place in today’s society. However, some associations have failed to update their deed restrictions to remove such language. This article explores the practical and potential legal consequences of not removing such clearly unenforceable deed restrictions. Read the article……………