A neighborhood association brought suit against a homeowner for breach of contract for violating a deed restriction that prohibited lawn ornaments. The homeowner argued that the lawn ornaments were only technical violations that should be excused, or that the homeowners association had waived the deed restriction, but the court of appeals held that the trial court properly granted summary disposition in favor of the homeowners association and awarded attorney’s fees and costs against the homeowner. The court of appeals noted that restrictive covenants relating to aesthetic characteristics have long been enforced under Michigan law, and the failure to enforce such covenants would be unjust. The decision is Beachmore Subdivision Inc v Omran, unpublished Michigan Court of Appeals case # 326976, decided November 1, 2016.
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