Petition Attachment - Facts and Argument.pdf

White Birch Lakes Recreational Association Petitioner Vs. Township Of Lincoln Respondent · 26-001266-TT

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White Birch Lakes Recreational Association 

v 

Township of Lincoln 

Docket No 26-001266 

 

In 2025, White Birch Lakes Recreational Association (“Association”) placed deed 

restrictions on all parcels that make up the Association’s common elements. The 

Declaration of Use Restrictions (“Declaration”) was recorded in the Clare County Register 

of Deeds prior to December 31, 2025, and is therefore part of the chain of title for each of 

the subject parcels. The Declaration described the permitted uses of the subject property 

and, with respect to authorized users, contains the following language: 

“Use of the Property shall be limited to members of the White Birch Lakes Recreational 

Association, together with their guests and invitees, all in accordance with and subject to the 

Association’s bylaws, rules, regulations, and the Existing Restrictions. No member of the 

general public shall have any right of access to or use of the Property.” 

 

For parcel number 010-027-400-01 the Declaration further specifies that the subject parcel 

shall be used solely as a clubhouse and associated recreational amenities; beach area; 

walking paths and recreational trails; putt-putt course; children’s playhouse and play 

structure; park area with gazebo; tennis courts; concrete boat launch; mechanical 

equipment and structures associated with lake maintenance, including the aerator 

structure; any existing well and septic facilities serving the Property; storage shed; and boat 

racks for small boats. These facilities may continue to be used for their current recreational 

and operational purposes. In addition to the foregoing, the Property may be improved with 

structures or facilities that are customary or expected in connection with these existing 

clubhouse, recreational, and operational amenities, including replacements, upgrades, or 

modest expansions of such facilities, so long as such improvements remain consistent 

with the recreational and community-oriented purposes of the Property. 

For parcel number 010-034-200-04 the Declaration further states that the subject parcel 

shall be used solely for stormwater drainage, water conveyance, and related hydrological 

functions necessary for the proper management of surface water within the White Birch 

Lakes community. The Property shall remain in its natural condition as a low-lying drainage 

area and may be used only for the passive collection, flow, retention, or infiltration of 

stormwater. No other use, activity, or occupancy of the Property shall be permitted, and the 

Property shall not be used for recreational, vehicular, structural, or any other purposes.

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No use of the subject parcels other than those permitted uses is allowed. The Declaration 

provides that it shall run with the land and be binding upon the Association and its 

successors and assigns, with an initial term of twenty (20) years, automatically renewing 

for successive ten (10) year periods. The Declaration may only be amended or terminated 

upon the approval of at least seventy-five percent (75%) of all Association members eligible 

to vote, and no amendment is eƯective unless recorded in the Clare County Register of 

Deeds. 

White Birch Lakes Recreational Association consists of seven (7) platted subdivisions and 

various common elements deeded to it by the original developers. The subject parcels 

constitute common areas within those platted subdivisions, held and maintained 

exclusively for the benefit of Association members. 

The restrictions recorded against the subject parcels are permanent deed restrictions that 

run with the land and are part of the chain of title. They are not internal Association policies 

or bylaws—they are recorded encumbrances binding on the Association and any future 

owner, enforceable by law. They can only be removed by a vote of at least 75% of all eligible 

Association members, and any such change must itself be recorded with the Clare County 

Register of Deeds to be eƯective. Because these restrictions so severely limit what the 

property can be used for and who can use it, they directly reduce the value of the subject 

parcels for assessment purposes. 

State Tax Commission Bulletin 1 of 1990 addresses the valuation of community property in 

recorded, platted subdivisions. It recommends that assessing oƯicers review the deed 

restrictions placed on common elements, and recommends that a zero assessed value be 

entered for certain types of common elements whose value is already reflected in the sales 

prices of the lots in the subdivision. The types of common elements identified in the 

Bulletin for zero assessment include: a park reserved solely for subdivision lot owners; a 

boat ramp or lake access reserved solely for subdivision lot owners; and a community 

building, swimming pool, or tennis court reserved solely for subdivision lot owners. The 

subject parcels fall within one or more of these categories. The Bulletin also specifies that 

this zero-assessment treatment applies only where the common element is restricted by a 

permanent, irrevocable plat dedication or deed restriction. The recorded Declaration 

satisfies that requirement. 

A copy of the recorded Declaration of Use Restrictions was hand-delivered to Lincoln 

Township in January 2026 by a member of the White Birch Lakes Recreational Association 

Board of Directors.

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