Incidental Business Update to C&Rs

Incidental Business (PDF)

When you purchase property within AuSable Acres, attached to the deed are eight Covenants and Restrictions (C&R’s).  The C&R’s require land/home owners to adhere to these basic requirements.  Some of the C&R’s are very clear and specific—i.e. no building can be constructed that is closer than 25 feet to the side or rear lines of the property.  Others leave much more room for interpretation—i.e. covenant #2 concerning building construction within the Acres.

The Executive Board of the AuSable Acres Property Owners’ Association does have the responsibility to enforce these covenants, which is never a pleasurable task and at times a task that is not easy to reconcile as to what exactly is the proper course of action.

Over the years, various Boards have tried their best to make sure owners within the Acres understand how the C&R’s were going to be interpreted.  For example, past Boards developed and subsequent Boards have amended a document entitled “AuSable Acres Architectural Requirements.”  That document does not in any way replace Covenant #2.  What it does is provide additional details as to how Covenant #2 will be interpreted.  Hopefully, that gives a person a clearer understanding of what to expect when entering the process of constructing a building on their lot.

The current Board sought to develop a document outlining a clearer understanding of another section of the C&R’s.  Specifically, the one dealing with the commercial use of property within the Acres.  That C&R states: “No commercial use of the property shall be made except that property or building may be rented to private families for private use.”  The C&R does not further define the term “commercial use.”

We understand that the intent is to make sure that the Acres remains a residential community.  However, since the 1960’s when the C&R’s were written, the nature of many businesses have changed dramatically.  Today, many people operate businesses out of their home with no need for a “store front” to sell products, nor any impact on the residential nature of where they live.

What the Board is seeking to do is write a clarifying language that addresses how we will interpret this section of the C&R’s in future years.  It is not an attempt, in any way, to prohibit any specific occupation or business of a person(s) living in the Acres.  Rather, it is an attempt to identify if, or when, someone’s business/occupation improperly impacts the residential nature of the Acres and adversely impacts the living situation of the neighborhood.

This document entitled: “AAPOA Resolution Pertaining to Incidental or Home Business Activity” was distributed to all residents of the Acres in 2015 and voted on and approved at the General Member meeting in July 2016.