What the Restrictions Say
We now have the 1946 original recorded restrictions (Liber 2005, Pages 262-266) . Here's what they contain, how the 1976 website PDF differs, and what it all means.
Original Restrictions Now In Hand
The 1946 original recorded restrictions have been obtained from Oakland County (Liber 2005, Pages 262-266). They are a Warranty Deed from V. Nelle Bradshaw containing 12 numbered sections. The 1956 assignment of enforcement rights (Liber 3512, Pages 620-621) has also been obtained — confirming that Bradshaw formally transferred all enforcement authority to the WIA.
The document the clerk originally directed us to (Liber 3512, Page 620) turned out to be the 1956 assignment — not the restrictions themselves.
The 1946 Original Restrictions (All 12 Sections)
These are the recorded, legally operative restrictions from the Warranty Deed at Liber 2005, Pages 262-266:
Section 1: Residential Use Only — All lots for private residence purposes only — single-family dwellings with private garages, servant quarters permitted above garages.
The foundation of all restrictions. Every lot must be used exclusively for single-family residential purposes. Garages may include servant living quarters above — a period-typical provision.
Section 2: One Dwelling Per Lot — One dwelling per lot (except Lot #146). Setbacks: 60 ft front, 15 ft side/rear. Combined-lot provisions included.
No more than one dwelling on any one lot, with an exception for Lot #146 which may have two. Front building line 60 ft from road, side setbacks 15 ft minimum. Where two or more lots are combined under single ownership, side-line restrictions apply only to the outer boundaries.
Section 3: Race Restriction (Void) — Discriminatory racial restriction. Void under Shelley v. Kraemer (1948), the Fair Housing Act (1968), and Michigan's Elliott-Larsen Civil Rights Act.
This section restricted ownership and occupancy on the basis of race. It is constitutionally void and legally unenforceable. Under Michigan common law, courts routinely sever void provisions from deed restrictions, so the void section should not affect the validity of the remaining restrictions. PA 234 of 2022 provides a simple administrative process to record a discharge removing this language from the county record.
Section 4: No Refuse or Unsightly Features — No refuse, unsightly objects, or structures to be placed or allowed on any lot.
Prohibits refuse piles, unsightly objects, and structures that detract from the subdivision's appearance. Can be used to address construction debris, junk vehicles, and other visual nuisances.
Section 5: Architectural Control — All plans must be approved by 'first parties' (Bradshaw). Minimums: 1,000 sq ft one-story, 800 sq ft multi-story, 12,500 cu ft volume.
Building plans and specifications must be approved by 'first parties' (V. Nelle Bradshaw) before construction. Minimum floor areas: 1,000 sq ft ground floor for one-story, 800 sq ft for multi-story. Minimum total volume 12,500 cubic feet. Note: the 1976 website version increased the one-story minimum from 1,000 to 1,200 sq ft — an unrecorded modification.
Section 6: Septic Tank Requirements — Septic tanks must be at least 30 ft from property boundary, approved by state health board.
All septic tanks and cesspools must be placed at least 30 feet from any property boundary line and must meet state board of health requirements. This section was entirely removed from the 1976 website version — likely because municipal sewer service made it obsolete.
Section 7: Sign Restrictions — One for-sale sign permitted (max 3 sq ft, 3 ft tall). No other signs without written consent.
Only one professional for-sale or for-lease sign allowed per lot, maximum 3 square feet and 3 feet tall. All other signage requires written consent of the first parties.
Section 8: No Chickens, Fowl, or Livestock — No chickens, fowl, or livestock without written consent of first parties.
Prohibits keeping chickens, fowl, or livestock of any kind on any lot without written consent. Household pets are implicitly permitted (not listed as prohibited).
Section 9: Utility Easements — Rear 11 ft and side 5 ft reserved as utility easements.
Each lot reserves an easement along the rear 11 feet and side 5 feet for utility installation and maintenance. Utility companies must restore any damage at their own expense.
Section 10: Self-Help Remedy (Violation Abatement) — First parties may enter and abate violations at the owner's expense, without liability for trespass.
A strong self-help remedy — the enforcement authority (originally Bradshaw, now the WIA via the 1956 assignment) can enter property and correct violations, billing the owner. However, exercising this power without careful legal process could invite litigation.
Section 11: 25-Year Auto-Renewal — Restrictions auto-renew every 25 years from January 1, 1946. 75% of lot owners may release restrictions.
Current period: 2021–2046. Owners of 75% or more of lots can release (remove) restrictions with a written agreement filed at Oakland County Register of Deeds at least 5 years before the end of a 25-year term. This is a RELEASE provision — it allows removal of restrictions, not addition of new ones. This distinction is legally decisive.
Section 12: Assignment Provision — Enforcement rights may be assigned to a corporation or association of property owners.
This section authorized the transfer of enforcement rights to an organization of lot owners. V. Nelle Bradshaw exercised this provision on April 6, 1956, formally assigning all enforcement rights to the WIA. The assignment was notarized and recorded with Oakland County on April 13, 1956 (Liber 3512, Pages 620-621). This completes the chain of authority: Bradshaw → WIA.
Resolved: How the 1976 PDF Relates to the 1946 Original
The 1976 website PDF is a modified, unrecorded derivative of the 1946 original restrictions.
- ⚠Discriminatory Section 3 (race restriction) was removed — appropriate but never recorded
- ⚠Section 6 (septic tank requirements) was removed — likely obsolete but never recorded
- ⚠'First parties' (V. Nelle Bradshaw) was replaced throughout with 'the Committee' — an undefined body that obscures the actual chain of authority
- ⚠Minimum one-story floor area was increased from 1,000 sq ft to 1,200 sq ft — a substantive change never recorded
- ⚠12 sections were reorganized into 10 sections
None of these changes were recorded with Oakland County. Under Michigan law, unrecorded modifications to deed restrictions do not bind subsequent purchasers who take without actual notice. The 1946 recorded original (Liber 2005, Pages 262-266) remains the legally operative document.
Full section-by-section comparison (1946 → 1976)
| 1946 Original | 1976 Website PDF | Change | Significance |
|---|---|---|---|
| Section 1: Residential use, servant quarters above garages | Section 1: Residential use (servant quarters language retained) | Substantially the same | Core restriction preserved |
| Section 2: One dwelling per lot, 60/15 ft setbacks | Section 3: Building minimums, 60/15 ft setbacks | Setback language preserved; lot provisions restructured | Substantive content carried forward |
| Section 3: Race restriction | (Removed entirely) | Deleted | Appropriate — void under Shelley v. Kraemer and Fair Housing Act. But the removal was never recorded. |
| Section 5: Architectural control by 'first parties,' 1,000 sq ft minimum | Section 2: Architectural control by 'the Committee,' 1,200 sq ft minimum | 'First parties' → 'the Committee'; minimum increased from 1,000 to 1,200 sq ft | Two unrecorded substantive changes: (1) enforcement authority reassigned to an undefined body, (2) minimum size increased by 20% |
| Section 6: Septic tank requirements (30 ft from boundary) | (Removed entirely) | Deleted | Likely obsolete due to municipal sewer. But the removal was never recorded. |
| Section 7: Sign restrictions | Section 6: Sign restrictions | Substantially the same | Content preserved, renumbered |
| Section 8: No chickens/fowl/livestock | Section 4: Animals — household pets only | Reworded from specific prohibitions to general 'household pets only' | Similar intent, different framing |
| Section 9: Utility easements (rear 11 ft, side 5 ft) | Section 6: Utility easements (combined with signs) | Merged into another section | Substantive content preserved |
| Section 10: Self-help remedy by 'first parties' | Section 7: Self-help remedy by 'the Committee' | 'First parties' → 'the Committee' | Enforcement authority reassigned to undefined body |
| Section 11: 25-year auto-renewal from Jan 1, 1946; 75% release | Section 8: 25-year auto-renewal from Jan 1, 1946; 75% release | Substantially the same | Critical renewal/release mechanism preserved |
| Section 12: Assignment provision | Section 9: Assignment provision | Renumbered; wording similar | The 1946 original authorized the assignment Bradshaw executed in 1956 |
| (No equivalent) | Section 10: Severability | Added | Not in the 1946 original. Courts would apply severability by default under Michigan common law, but the 1976 version made it explicit. |
About the 1976 website PDF
The document on the WIA website is not the recorded original. Here's what we know about it:
- •The PDF on the WIA website was created from 'Microsoft Word - Restrictions.doc' using PrimoPDF on June 15, 2009 - three months after the bylaws were adopted. It is not a scan of a 1976 original.
- •We now have the original 1946 recorded restrictions (Liber 2005, Pages 262-266) — a Warranty Deed from V. Nelle Bradshaw with 12 numbered sections. Liber 3512, Page 620 turned out to be the 1956 assignment of enforcement rights, not the restrictions themselves.
- •The 1976 website PDF is a modified, unrecorded derivative of the 1946 original. Key changes: discriminatory Section 3 removed, septic Section 6 removed, 'first parties' replaced with 'the Committee,' minimum square footage increased from 1,000 to 1,200.
- •Author field in the PDF metadata: 'Owner'
- •No signatures of any party appear in the document
- •No identification of who created, restated, or revised these restrictions
- •No notary block or acknowledgment (required under MCL 565.201 for recording with Register of Deeds)
- •No recording stamp, filing mark, liber/page number, or document number - nothing indicating this was ever filed with Oakland County Register of Deeds
- •No citation to the original recorded restrictions at Liber 2005, Pages 262-266
- •Despite being titled 'Restated,' does not cite what it is restating - no reference to a prior recorded instrument
- •No specific date of adoption or execution - only 'Revised 1976' in the title
Standard elements missing from the 1976 website PDF
The following elements, which are standard in recorded deed restriction documents, are all absent from the website PDF:
| Element | Significance |
|---|---|
| Signatures of any party | No one signed this document |
| Identification of the grantor/creator | Does not state who created or imposed these restrictions |
| Notary block or acknowledgment | Required under MCL 565.201 for recording with the Register of Deeds |
| Recording stamp or filing mark | No indication this was ever received by Oakland County Register of Deeds |
| Liber and page number | Recorded documents are assigned a liber/page or document number - none present |
| Reference to the recorded county document | Does not identify the original recorded restrictions at Liber 2005, Pages 262-266 |
| Reference to the original restrictions | Despite being titled 'Restated,' does not cite what it is restating |
| Date of execution | 'Revised 1976' in the title but no specific date of adoption, execution, or filing |
| Identification of 'the Committee' | Referenced 14 times as the enforcement body but never defined - no names, appointment process, term of service, or accountability |
| Identification of 'the parties hereunder' | Section 9 references 'the parties hereunder' but these parties are never identified |
Who is "the Committee"? — referenced 14 times in the 1976 PDF, never defined
The 1976 website PDF grants broad authority to an entity called "the Committee" (or "the Restrictions Association, appointed by the Woodbine Subdivision, Board of Directors"). This body has the power to:
- ⚠Approve or deny all construction, alterations, fences, and outbuildings (Sections 1, 2)
- ⚠Refuse approval for aesthetic reasons in its 'sole opinion' (Section 2(c))
- ⚠Judge whether materials are 'properly concealed' and whether activities are 'noxious or offensive' (Section 5)
- ⚠Determine where easements are 'deemed necessary' (Section 6)
- ⚠Enter private property and remove violations at the owner's expense (Section 7)
The 1976 website PDF replaced the 1946 original's 'first parties' (V. Nelle Bradshaw) with 'the Committee' — but never defined who the Committee is. In the 1946 original, the enforcement authority belonged to Bradshaw as grantor. She formally assigned those rights to the WIA in 1956 (Liber 3512, Pages 620-621). The 1976 document obscures this chain by using an undefined label.
Why These Restrictions Cannot Create an HOA
Section 11 (1946) / Section 8 (1976) allows
Removing restrictions
75% of owners can release (remove) existing rules
Neither version allows
Adding restrictions
No amendment provision exists to add new obligations
What this means
Mandatory dues require all 140 owners
Under Conlin v. Upton, new covenants need unanimous consent
Michigan case law on this point
- Conlin v. Upton (2015) - A "release" provision is legally distinct from an "amendment" provision. Where no amendment provision exists, unanimous consent is required to add new restrictions.
- Ardmore Park v. Simon (1982) - Where covenants do include an amendment provision with a percentage threshold, that threshold controls. Woodbine's restrictions have no such provision.
A neighborhood vote, board resolution, or LARA filing calling the WIA a "Homeowners Association" cannot override what the recorded restrictions say.
What's Covered
- ✓Single-family residential use only - no commercial activity
- ✓Architectural review required for all exterior construction
- ✓Minimum building sizes and setback requirements
- ✓Household pets only - no livestock
- ✓Sign restrictions
- ✓Property maintenance and nuisance prevention
- ✓Self-help remedy for violations (enforcement authority can abate and bill)
- ✓25-year auto-renewal with 75% release mechanism
- ✓Enforcement rights formally assigned to WIA (1956)
What's Missing
No mandatory dues or assessment authority
Zero language about mandatory membership, dues, assessments, or a common maintenance fund — in either the 1946 original or the 1976 website version.
No amendment provision
Section 11 (1946) / Section 8 (1976) allows 75% of owners to release (remove) restrictions, but contains no mechanism to add new ones by majority vote.
No HOA formation language
No mention of mandatory membership, dues, assessments, liens, or a common maintenance fund anywhere in either the 1946 original or the 1976 derivative.
No explicit leasing or rental rules
No minimum rental terms, caps, or licensing requirements.
The 1976 Website Version (10 Sections)
For reference, here are the 10 sections from the unrecorded 1976 website PDF. This is the version currently posted on woodbinesub.com, but the 1946 recorded original is the legally operative document.
Section 1: Residential Use Only — All lots must be used for private residence purposes only - single-family dwellings and private garages.
This is the foundation of all the restrictions. All lots must be used exclusively for private, single-family residential purposes. No commercial activity is permitted.
Section 2: Architectural Control — A Committee must approve all exterior construction in writing before work begins.
The 'Committee' (referred to as the 'Restrictions Association, appointed by the Woodbine Subdivision... Board of Directors') has sole discretion to reject plans for aesthetic reasons. If the Committee fails to act within 30 days, approval is presumed - but only if plans conform to existing structures and zoning. Note: the 1946 original assigned this authority to 'first parties' (V. Nelle Bradshaw), not 'the Committee.' The 1976 version made this substitution without recording it.
Section 3: Building Minimums — Minimum sizes: 1,200 sq ft ground floor (one-story), 800 sq ft (multi-story). Minimum 12,500 cubic feet total volume.
Front setback: 60 ft. Side/rear setbacks: 15 ft. These are separate from and may differ from Farmington Hills zoning requirements. Note: the 1946 original specified 1,000 sq ft for one-story, not 1,200. The 1976 version increased this minimum without recording the change.
Section 4: Animals — Household pets only - no livestock or commercial animal keeping.
The 1946 original (Section 8) specifically prohibited chickens, fowl, and livestock without written consent. The 1976 version reworded this as 'household pets only.'
Section 5: Refuse and Nuisance — No unsightly materials unless concealed. No noxious or offensive activities.
This provision can be used to address issues like construction debris, junk vehicles, and other visual nuisances.
Section 6: Signs — One for-sale/lease sign maximum (3 sq ft, 3 ft tall). Others require Committee permission.
The utility companies clause in this section requires companies to restore damage at their own expense.
Section 7: Violation Abatement — The Committee may enter property and summarily abate violations at the owner's expense.
This is a strong self-help remedy - the Committee can fix violations and bill the property owner, without liability for trespass. However, exercising this power without careful legal process could invite litigation. In the 1946 original (Section 10), this power belonged to 'first parties' (Bradshaw), now the WIA via the 1956 assignment.
Section 8: 25-Year Auto-Renewal — Restrictions auto-renew every 25 years from January 1, 1946. Current period: 2021–2046.
Owners of 75% or more of lots can release (remove) restrictions with a written agreement filed at Oakland County Register of Deeds at least 5 years before the end of a 25-year term. This is a RELEASE provision - it allows removal of restrictions, not addition of new ones. This distinction is legally decisive.
Section 9: Assignment of Enforcement Rights — Enforcement rights 'may be assigned' to a corporation or association of property owners.
This provision authorized the transfer of enforcement rights. V. Nelle Bradshaw exercised it on April 6, 1956, formally assigning all enforcement rights to the WIA. The assignment was notarized and recorded with Oakland County on April 13, 1956 (Liber 3512, Pages 620-621). The chain of authority is intact: Bradshaw → WIA.
Section 10: Severability — If any provision is held invalid, the remaining provisions survive.
This severability clause was added by the 1976 restatement and does not appear in the 1946 original. Under Michigan common law, courts routinely sever void provisions from deed restrictions regardless, so the effect should be the same — the void discriminatory provision (Section 3 of the 1946 original) should not affect the validity of the remaining restrictions.
Enforceability Concerns
1976 website PDF vs. 1946 recorded original — The 1976 website PDF is a modified, unrecorded derivative of the 1946 original. Its stand-alone enforceability against later purchasers is doubtful.
We now have the 1946 original recorded restrictions (Liber 2005, Pages 262-266). Comparing it to the 1976 website PDF reveals several unrecorded changes: removal of two sections, replacement of 'first parties' with 'the Committee,' and an increase in minimum square footage. Under Michigan law, unrecorded modifications to deed restrictions do not bind subsequent purchasers who take without actual notice. The 1946 recorded document remains the legally operative instrument.
Marketable Record Title Act (MRTA) — A preservation notice must be filed by September 29, 2027, or all restrictions are permanently extinguished.
Michigan's MRTA (MCL 565.101 et seq.) extinguishes covenants older than 40 years if not preserved by filing a Notice of Claim. Woodbine's restrictions are 80 years old. The 1976 restatement did NOT restart the clock. PA 13 of 2025 extended the deadline and explicitly allows property owners associations to file. The notice should reference the recorded original at Liber 2005, Pages 262-266.
Section 12 assignment status — RESOLVED — The 1956 assignment at Liber 3512, Pages 620-621 formally transferred all enforcement rights from Bradshaw to the WIA.
V. Nelle Bradshaw signed a formal assignment on April 6, 1956, transferring all enforcement rights under the deed restrictions to the Woodbine Improvement Association. The assignment was notarized and recorded with Oakland County on April 13, 1956 (Liber 3512, Pages 620-621). Combined with Hammond Lake Estates (2006) — which gives even voluntary associations standing to enforce deed restrictions — the WIA's enforcement authority is on solid legal ground.
Note on Discriminatory Covenant Language
Section 3 of the 1946 original restrictions contained a discriminatory racial restriction. It is void under Shelley v. Kraemer (1948), the Fair Housing Act, and Michigan's Elliott-Larsen Civil Rights Act. The 1946 original contains no severability clause, but under Michigan common law courts routinely sever void provisions from deed restrictions — the void section should not affect the validity of the remaining restrictions. The 1976 website version removed this section entirely (appropriate, but never recorded). PA 234 of 2022 provides a simple process to record a discharge removing this language from the county record.