Subdivision and Association Naming
The properties commonly associated with the Pinnacle Estates Property Owners Association are located within the subdivision known as Rifle River Valley Estates in Deep River Township.
The name “Pinnacle Estates” refers to the property owners association, while “Rifle River Valley Estates” is the legal subdivision name used in recorded property descriptions and governing documents.
Because property restrictions, land use requirements, and amendment provisions are tied to the recorded subdivision, references to governing covenants and restrictions on this page are based on the Rifle River Valley Estates subdivision.
Overview
This page provides information regarding how changes to subdivision restrictions are required to be adopted and how such changes apply to property within Rifle River Valley Estates.
Restrictions governing the use of property are established through recorded covenants and may only be modified in accordance with the amendment provisions contained in those documents.
Required Process for Amendments
Changes to subdivision restrictions must be adopted in accordance with the amendment provisions contained in the recorded covenants. These provisions typically require approval by a specified percentage of all lot owners and must be formally documented and recorded.
Because these restrictions affect property rights, they are not modified through routine association actions such as board decisions or simple majority votes at meetings.
Member Approval Requirements
Amendments to restrictions generally require approval by a defined percentage of all property owners within the subdivision. This requirement ensures that changes affecting property use are adopted with broad consent of the ownership, rather than by a limited number of individuals present at a meeting.
Recording of Amendments
Amendments to subdivision restrictions are typically required to be recorded with the appropriate county office to become part of the official governing documents affecting the property. Without proper recording, such changes may not be enforceable as restrictions on property use.
June 2024 Meeting Actions
The meeting minutes from June 2024 reflect that a motion was made and approved to amend the Declaration of Building and Use Restrictions to address short-term rentals, along with a proposed violation fee.
Meeting minutes document actions taken during a meeting; however, amendments to recorded restrictions are governed by the requirements set forth in the covenants themselves and applicable law.
Meeting Actions vs. Recorded Amendments
Actions taken at a meeting, including motions and votes, do not by themselves modify recorded restrictions. Changes to such restrictions must comply with the amendment provisions of the governing covenants and must be formally recorded to become effective.
Application to Property Use
Restrictions on the use of property, including limitations on short-term rentals, are governed by the recorded covenants applicable to the subdivision. Any modification to those restrictions must be made in accordance with the amendment provisions contained in those covenants.
Next steps
call the county register of deeds.
Get:
- Original restrictions (Rifle River Valley Estates)
- Any amendments (especially the July Airbnb one)
- Recording details (Liber/Page or Doc #)
Ask these if they don’t volunteer it:
“Are the original restrictions recorded under a different name?”
“Are there multiple amendments on record?”
“Can I search by subdivision name, or do you recommend another way?”
“Can you email copies or is there an online portal?”
You want them to confirm:
Original Restrictions Exist
Amendment(s) exist (or don’t)
Recording numbers
Key Question (Don’t Miss This)
Ask:
“Do you see a recorded amendment adding restrictions on short-term rentals, and is it tied to the original declaration?”
This tells you if it’s even properly connected
What You Should End the Call With
Ideally you have:
- Liber/Page for original restrictions
- Liber/Page for amendment(s)
- PDFs (or instructions to get them)
What Would Prove They Could NOT Do It
For Rifle River Valley Estates, any one of these is enough to seriously undermine the Airbnb restriction.
1. No Amendment Clause (or unclear one)
If the original restrictions:
- do NOT explain how they can be changed
Then:
- adding a new restriction becomes very difficult legally
- often requires very high approval (sometimes all owners)
2. Wrong Voting Threshold
If the clause says something like:
“2/3 of ALL lot owners required”
But they only had:
- a meeting vote
- majority of attendees
That does NOT meet the requirement
3. No Proof of Owner Approval
If they cannot show:
- how many total lots exist
- how many owners approved
- that the required % was reached
Then the amendment is not supported
4. Not Properly Recorded
If the Airbnb restriction:
- is NOT recorded with Arenac County Register of Deeds
It does NOT change property rights
5. Amendment Not Tied to Original Restrictions
If the document:
- doesn’t reference the original declaration
- or looks like a standalone “new rule”
That’s a red flag for invalidity
6. They Used Bylaws or Meeting Vote Instead
If what happened was:
- motion at meeting
- vote carried
BUT no proper amendment process
That is not enough legally
7. Trying to Create New Restrictions Without Authority
If original restrictions:
- do NOT address rentals
- do NOT give authority to regulate them
Then:
adding Airbnb restrictions may be beyond their authority
The SIMPLE TEST
Ask:
Did they follow the amendment clause exactly?
If the answer is:
- no
- unclear
- or “we voted at a meeting”
Then it’s likely defective
The BIGGEST PROOF
This is the strongest single indicator:
They cannot show signatures or approval from the required % of ALL lot owners
Clean Statement You Can Use
Amendments to subdivision restrictions must comply with the amendment provisions contained in the recorded covenants, including required levels of owner approval and formal recording. In the absence of such compliance, the amendment may not be enforceable.
Bottom Line
They likely could NOT do it if:
- they only voted at a meeting
- they didn’t meet required %
- they didn’t properly record it
- they can’t prove owner approval
Next Step
After your call, you’ll have:
original restrictions amendment document