History

The Port Crescent Land Company created Huron Dunes subdivision in 1949 when the plat was dedicated and recorded with the Huron County Register of Deeds. The plat laid out the boundaries of the lots, streets, lanes, and parks and dedicated the streets, lanes and parks to the use of the property owners. The developer also executed and recorded a seven paragraph “Restrictions” document and these restrictions were included in each and every deed issued to the original lot owners and are referred to as “deed restrictions”. The first deed to a lot was issued on July 6, 1950 .

 The Port Crescent Land Company established the Huron Dunes Association as a non-profit corporation in 1958. 

In 1960 the Port Crescent Land Company conveyed by deed all of the streets, lanes and park land to the Association. 

The Association’s by-laws were adopted in 1983.

In October 2012, the owner of a subdivision lot filed suit against the Association. In 2014 the Circuit Court rendered its findings which included the following:

(Page 2-of the ORDER AND OPINION) “The primary issue in this case is whether the Association has the right to allow a subdivision lot owner to build a deck or other structure …. In the Private Park of the subdivision. 

(Page 3) “This court finds that … the Huron Dunes plat grants an irrevocable easement in Private Park lands to all lot owners in the subdivision”. 

(Page 3) “The court finds … that the construction of a deck or other structure by a lot owner on or over Private Park lands would allow one lot owner to infringe on Private Park land for his or her convenience to the detriment of fellow lot owners.”

(Page 4) “IT IS ORDERED that the Huron Dunes Association does not have authority to grant permission to allow subdivision lot owners to erect private structures upon the Private Park lands unless it is for educational, recreational, or community service activities for the use and enjoyment of all lot owners”. 

The Association appealed the Circuit Court ruling. The Michigan Court of Appeals affirmed the Circuit Court’s ruling in November of 2015.