top of page

When my covenant and the Township rules disagree, which one applies?

Both apply. When they set different standards, **the stricter one governs**.

This is not an interpretation — it is written into the Association's own Accessory Building Regulations. Where a provision of that standard is more stringent than another law or ordinance, the higher standard of the Association's regulations governs. And where another law or ordinance is more stringent than the Association's, that requirement prevails.

The Rules & Regulations say the same thing from the other direction: covenants are sometimes more restrictive than the applicable township zoning requirements, which also apply.

**Why this matters more than it sounds.** People reasonably assume the covenant that came with their deed is the number to build to. Often it is not. On several points Freeman Township sets a higher standard than the covenants, so the Township number is the one that governs. On at least one point — running a business from your property — the covenants are stricter than the Township, so the covenant governs.

Neither document overrides the other in general. You compare them requirement by requirement, and meet the tougher of the two each time.

**One rule of thumb.** Never assume that clearing one authority clears the other. A Township permit does not satisfy the covenants. Architectural Committee approval does not satisfy the Township.

The practical route is the same in every case: bring your plans to the office and to the Township Zoning Administrator, and get both answers before you build.

*Source: Lake of the Pines Accessory Building Regulations (6/8/2025), item 18; Rules & Regulations (7/12/2025), Covenants and Deed Restrictions.*

Category:
Building & Improving Your Lot
Source:
Lake of the Pines Accessory Building Regulations (6/8/2025), item 18; Rules & Regulations (7/12/2025), Covenants and Deed Restrictions
Applies To:
All subdivisions
Reviewed:
July 31, 2026
Status:
Released for Publication
Related:
bottom of page