What To Do Next
Action items ranked by urgency, plus legitimate paths forward for the neighborhood.
File MRTA Preservation Notice
Record a Notice of Claim with Oakland County Register of Deeds to preserve all deed restrictions before they are permanently extinguished.
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Why it matters
Michigan's Marketable Record Title Act will permanently extinguish Woodbine's 80-year-old deed restrictions if a preservation notice is not filed. There is no extension and no remedy after the deadline. Loss of restrictions would mean no more residential-use requirements, architectural standards, or setback lines.
Steps
- Prepare a Notice of Claim under MCL 565.108
- PA 13 of 2025 explicitly allows property owners' associations to file — the WIA should be eligible
- Record the notice at Oakland County Register of Deeds (1200 N. Telegraph Rd., Pontiac)
- While there, also file a discharge of discriminatory covenant language under PA 234 of 2022 — this is an administrative cleanup that requires no vote
The deadline was extended by Public Act 13 of 2025, which also explicitly defined 'property owners association' and treats them as eligible to file preservation notices.
Verify the Deed Restrictions Documents
Establish whether the 1946 original restrictions and the 1976 'restated' version are legitimate, recorded documents — because the versions we've been given have serious authenticity problems.
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Why it matters
The 1976 'Restated Building and Use Restrictions' on the WIA website is an unsigned Word document converted to PDF in June 2009 — not a scan of a 1976 original. It has no signatures, no notary, no recording stamps, no liber/page number, no legal description, and doesn't even identify who created it. Until we verify what's actually recorded at the Oakland County Register of Deeds, we don't know if the document we've been told to follow is real, modified, or fabricated. The WIA bylaws also reference restrictions recorded October 23, 1946 — a different date from the 1946 plat recording — which may indicate a separately recorded instrument.
Steps
- Pull the original plat at Liber 58, Page 2 from Oakland County Register of Deeds — restrictions were often printed directly on the plat in 1940s-era subdivisions
- Search for any separately recorded restriction instruments — the WIA bylaws reference an October 23, 1946 recording date
- Search for any recorded 1976 restatement — if it was never recorded, the enforceable restrictions are limited to the original 1946 language
- Search for a recorded Section 9 assignment — this is the mechanism by which the WIA could have acquired enforcement authority, but no evidence of a formal written assignment has been found
- Option A (easiest): Retrieve the title commitment from Peter's 2024 closing through Zillow (28110 Wildwood Trail, Title Order 6205-HL) — Schedule B lists every recorded encumbrance with liber/page numbers, which would immediately show what restrictions are actually on file
- Option B: Check closing documents for 28488 Wildwood Trail (covenant deed at Liber 2086, Page 752)
- Option C: Search the Oakland County Super Index online — filter by subdivision 'WOODBINE (L:58 P:2)' and document type 'RESTRICTIONS'
- Option D: Visit or call the Oakland County Register of Deeds directly (1200 N. Telegraph Rd., Pontiac)
Three possibilities for the 1976 document: (1) it was recorded and this is a retyped copy — the original would be enforceable regardless of the PDF's problems; (2) it was never recorded — enforceability against homeowners without actual knowledge is questionable; (3) it was never a separate document — the restrictions may just be the original plat text retyped with unauthorized modifications. All three possibilities resolve the same way: check what's actually recorded.
Confirm the WIA Bylaws Have No Binding Authority
The 2009 WIA bylaws — the document Bob Baker cited as the basis for mandatory dues — appear to have no legal legitimacy as a binding instrument on non-members.
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Why it matters
The bylaws are a Word document (BYLAWS.doc), unsigned in distributed form ('SIGNATURES ON FILE WITH MASTER COPY'), unnotarized, unrecorded. They were adopted by ~30–40 voluntary members out of 145 homes. They claim mandatory membership for post-2009 buyers, non-terminable membership, automatic membership transfer to new buyers, and tax lien authority for unpaid dues — none of which are legally possible for a voluntary association's internal bylaws. Baker claimed attorney review in a 2012 email but this has never been verified. The articles of incorporation (1953, never amended) contain no assessment authority, no lien rights, and no mandatory membership. The corporate purpose is to serve 'members of the corporation,' not all homeowners.
Steps
- Confirm with an attorney that unrecorded voluntary association bylaws cannot create mandatory financial obligations on non-members
- Request the 'master copy' with actual signatures — the distributed version has none
- Request evidence of the attorney review Baker claimed in 2012
- Compare the bylaws' claims against the 1953 articles of incorporation — the articles authorize nothing the bylaws assert
- Document the specific provisions that overclaim authority: mandatory membership (Art. III, Sec. 2), tax liens (Art. III, Sec. 6), non-terminable membership (Art. III, Sec. 6), automatic transfer (Art. III, Sec. 5)
Bob Baker's February 2012 email implied that the bylaws revision and (unverified) attorney review gave the dues requirement legal authority. The dues page documents why this is incorrect provision by provision. An attorney letter confirming this analysis would settle the question definitively.
Address WIA Governance Issues
The WIA is incorporated (since 1953, LARA ID 800828846), but its current governance does not conform to its own bylaws or the Nonprofit Corporation Act.
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Why it matters
The board has been below its required minimum of 4 directors since 2018. The president currently holds three simultaneous positions (President, Treasurer, Director), violating the bylaws' prohibition on holding more than one office. The articles of incorporation describe the purpose as serving 'members of the corporation,' but annual reports now describe it as a 'Homeowners Association' — without any amendment to the articles.
Steps
- Elect at least one additional director to meet the bylaws' minimum of 4 (board has had only 2–3 since 2018)
- Resolve multiple-office violations — one person cannot hold President + Treasurer + Director simultaneously (Art. VII, Sec. 7 permits only Secretary/Treasurer combination)
- Align the purpose description on LARA annual reports with the actual articles of incorporation ('members of the corporation,' not 'Homeowners Association')
- Consider amending the articles of incorporation to accurately reflect the organization's current scope and activities
LARA records show the articles of incorporation have never been amended in 73 years. The 2009 bylaws were adopted but never reported to LARA as a change. The corporate purpose has drifted on annual report forms from 'members of the corporation' (1953) to 'Homeowners Association' (2008+) without any corresponding amendment.
Revise WIA Bylaws
Update the bylaws to accurately reflect the WIA's actual legal authority and remove unenforceable claims.
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Why it matters
Continuing to assert mandatory dues and tax lien authority without legal basis creates liability risk and erodes trust. Several provisions may constitute unfair or deceptive practices under the Michigan Consumer Protection Act.
Steps
- Consult with an attorney experienced in subdivision law
- Remove or revise: mandatory membership claim, tax lien claim, non-terminable membership, automatic transfer provision
- Align the bylaws with what the WIA can actually do: voluntary membership, voluntary dues, membership benefits conditioned on payment
Once the recording status questions are answered, the WIA should align its bylaws with legal reality.
Paths Forward
If the neighborhood wants enforceable rules and funded community improvements, here are the legitimate options:
Voluntary Association with Formal Nonprofit Status
Most PracticalIncorporate the WIA as a Michigan nonprofit and request annual voluntary contributions. Membership benefits are conditioned on payment, but membership itself remains optional.
Pros
- + Aligns with actual legal authority
- + Protects volunteers from personal liability
- + Simple to set up ($20 LARA filing)
- + Does not require homeowner consent
- + Under MCL 450.2311, a nonprofit can fix dues as a condition of membership
Cons
- - Free-rider problem — some homeowners benefit without paying
- - Revenue depends on demonstrating value to attract voluntary participation
Steps to get started
- File Articles of Incorporation with LARA ($20)
- Revise bylaws to reflect voluntary membership model
- Communicate honestly about what the WIA does and what dues support
- Focus on delivering visible value: entrance maintenance, community events, covenant enforcement
Municipal Special Assessment District (SAD)
Most RobustSADs are the most robust mechanism when a private association lacks taxing authority. Assessments are collected with property taxes — 100% compliance.
Pros
- + 100% compliance — assessments collected with property taxes
- + No HOA acting as debt collector
- + Government-backed authority
- + Explicitly covers private roads, streetlights, entrance/landscaping maintenance
Cons
- - Farmington Hills transitioned away from SADs in November 2018 (Charter Amendment Section 7.02e)
- - Creating a new SAD for subdivision beautification under current charter may be difficult
- - Requires petition signed by owners representing 51% of total frontage/land area
- - Requires city engineering cost estimates, public hearings, City Council confirmation
Steps to get started
- Contact Farmington Hills Dept. of Public Services at (248) 871-2400 to explore feasibility
- If feasible: gather petition signatures from 51%+ of owners by frontage
- Go through public hearing and City Council process
Authorized under PA 188 of 1954. However, the 2018 charter amendment replacing road SADs with a Local Road Millage may complicate this path.
Recorded CC&Rs with Assessment Authority
Most Powerful, Most DifficultDraft new CC&Rs with assessment and lien provisions, obtain unanimous consent of all 140 property owners, and record with Oakland County.
Pros
- + Gold standard for subdivision governance
- + Creates mandatory assessments that bind all owners and run with the land
- + Properly formed HOA with full legal authority
Cons
- - Requires unanimous consent of ALL 140 property owners
- - One holdout blocks the entire effort
- - Expensive — requires attorney drafting, individual homeowner signatures
- - Extraordinarily difficult in practice
Steps to get started
- Hire an attorney to draft new CC&Rs
- Obtain signatures from all 140 property owners
- Record the new CC&Rs with Oakland County Register of Deeds
- Incorporate a formal HOA to administer the CC&Rs
Grant Programs
Supplemental FundingSeveral grant programs may be available for entrance and landscaping improvements without any mandatory assessment structure.
Pros
- + No mandatory fees needed
- + Several programs available for subdivision improvements
- + A formally registered nonprofit WIA could apply for more grants
Cons
- - Competitive — not guaranteed
- - Usually for specific projects, not ongoing maintenance
- - Requires grant writing effort
Steps to get started
- MSHDA MI Neighborhood Program — entryway enhancements, landscaping, safety
- CDBG grants — administered by Farmington Hills Community Development Office
- Oakland County Community Habitat Improvement Grant — if entrance work involves native species planting
- Farmington & Farmington Hills Foundation — local philanthropic grants (requires registered nonprofit)
- Look at Novi's 'Neighborhood Entryway Enhancement Matching Grant Program' as a model