Q: The association has a rule as to where I can put my garbage cans, but they have never enforced it until now. I am wondering if that is legal under Michigan law.
A: While it may seem unfair for the association to suddenly enforce a rule they previously ignored, Michigan law often allows associations to enforce their rules at any time. Typically, association bylaws include a clause stating that failure to enforce a rule in the past does not waive the right to enforce it in the future. However, if you believe enforcement is unequal or discriminatory, you might have grounds for a challenge. To fully understand your rights and options, it’s advisable to consult with an attorney who can review your association’s governing documents and provide tailored legal advice.