Buttoning Up

Our visit to see our tiny cabin in March, 2019

Without wanting to invest anymore money into our project, we felt the right thing to do was to have the porto-potty removed, seal up the cabin so no critters could get in, and put her to bed for the winter so that we could really think about our next course of action. We left the cabin mid-October only to return for just a peek the following March. During this time, we realized that we missed everything about it and we still kept dreaming and visualizing how it would take shape. But for now, I knew we had to button up the place for a long winter’s nap so that we could get organized for how we were going to manage how we were going to be able to keep moving forward after the thaw.

Rather than looking at ideas for interior design and plotting the kitchen layout over the winter like I normally would, I threw myself into learning about the rights of Homeowners and HOA policy. I really read through the Deed Restrictions and the Bylaws of our association so that I could reference them with confidence when push came to shove. I starting digging for information regarding the history of our property and all that I could find seemed to give our project legs to stand on. I spoke with the Township Zoning Commissioner and explained our conflict with the association. He immediately mailed a letter to the board president who insisted that our home required a land use permit. The letter contained the following:

I have reviewed our records to help answer questions that arose regarding this lot.

1. The current Leelanau Township Zoning Ordinance (ZO) does not have a
minimum dwelling size requirement.

2. We do not consider the remodeling of the existing structure as a change of use, as
township assessing records indicate the existing structure is classified as
residential. This determination can be appealed to the Leelanau Township Zoning
Board of Appeals by formal application.

3. Any increase in the footprint or height of the structure will require a Land Use
Permit from Leelanau Township.

4. The township does not have any record of township permits issued for the
existing structure in 1984.

5. Township zoning regulations do not prohibit the Association from enforcing any
of their applicable Subdivision Restrictions or Covenants.

I also decided to take the advice of the Board President and submit our plans for approval. This would allow them to see our plans and also for them to furnish historical documents that might explain how our tiny cabin came to be. My hope was that in having both sides bring all of the information to the table, we might be able to find a compromise. I sent the plans, which actually was a simple sketch of exactly the same building as it always has been at the same size of 320 sq. ft. I sent the letter not only to the head of the Architectural Committee, but also to every member of the current board. I left the names of board members out of this letter in order to protect their privacy. Here is the letter that was sent in an email on 2/11/2019 that accompanied our plans:

To the XXX Board Members,

From what we can tell, an HOA Board has 3 primary responsibilities (1) to protect property values of its members (2) maintain a safe environment for people to live and (3) to foster a sense of community.

We have a history of being valued and active participants in our community. We have helped neighbors to build wheelchair ramps and complete improvements that add to curb appeal through an organization called Building Blocks. We have also designed, recruited participants and led activities in our neighborhood community garden. We are terribly disappointed in our first introduction to the Cherry Home community and feel that we were presented as a problem rather than in a welcoming manner as new residents that should be.

We feel that it was inappropriate to have our property brought into a community meeting without being notified that it was happening. Notification would have allowed us both to plan to be present and to be fairly represented; instead, we were blind-sided. Having only purchased the property a week prior to that meeting, we were in no way prepared to present our plans to the architectural committee for review. It is inconceivable for the committee to have fully understood the scope of our project when WE didn’t even really know what we wanted to do. We struggle with these actions and they have led to a lack of confidence in the committee’s ability to be unbiased and reasonable. The attached letter from the Township Zoning Commissioner that was mailed to (BOARD PRESIDENT) in October 2018 answers any questions regarding land use. We believe that you all should have seen this by now, however in the event that he is not being forthcoming, we thought we should include it.

For complete transparency, here is a list of all that has been done to the property to date:

Electrical inspection completed in order to have power restored. Consumer’s Energy said that there hadn’t been power on at that property since 2009 and required the inspection in order to reinstate power and heat.
Removed carpet, drywall and insulation that was destroyed by rodents. Gutted and hauled away everything including cabinets and desk.
Started to clean up fallen trees and brush around the property.
Applied for well and septic permits to bring the dwelling up to code with the addition of plumbing facilities.
Applied for a building permit for interior improvements without any change to the footprint.

We understand that you are trying to get ahead of a potential problem, but we have done nothing that requires the board to take action. We ask that you respect our approach to this project and work with us to achieve an outcome that satisfies all. Our plan is to tackle this project in manageable stages with an end result of being full-time residents in a home that meets the 850 sq. foot minimum. The Township Zoning Administrator classifies the existing cabin a residential building and this is reflected in the property taxes that we are paying. The structure was somehow allowed to be built in 1984 to look more like a cabin than a shed with windows, shutters, a front door, heat, carpet and a small deck. It should have been the responsibility of the Architectural Committee at that time to question the plans when presented. Furthermore, if the building was constructed without approval, then again, it would have been the responsibility of the architectural committee to raise concern with the original owners at the time the building was constructed. For this reason, it seems only fair that the board work with us to find a solution.

Current rules do not clearly state that upon change of ownership, all existing buildings must be brought to 850 square feet. There are other homes that do not meet the 850 square ft. requirement, therefore we feel that if we are required to bring our structure to the minimum now, then it is only fair to ask other property owners to as well. It is our current plan to bring this cabin up to code with the installation of well and septic for indoor plumbing. We have been granted a building permit in compliance with the State of Michigan (and International) residential code to complete the interior modifications for installing a bathroom and kitchen. Once to code, we would like to be able to enjoy the cabin on weekends a few times throughout the year until we are closer to retirement at which time it is our plan to increase the square footage to meet the minimum requirement of 850 square feet.

Without an immediate change in footprint, there would be no change in how our property affects the property values of others, only that the cabin is maintained rather than left to fall apart. It is the responsibility of an HOA board to remain open to solutions that will make a difference in people’s lives with decisions that have little effect on the association’s property values.

We plan to do everything in cooperation with Bylaws and will present our plans for each stage. Considering the treatment we’ve received from a few of the board members, we plan to present our ideas to the entire board rather than just the architectural committee. We do not feel that the architectural committee is able to be unbiased with our situation.

At this time, we would like to ask the board to furnish any and all documents and record of conversations between the board and previous property owners dating back to 1984 for us to review. In the meantime, please see the attached permits for well and septic, along with the plan for our interior modifications to the cabin. Please note that the only exterior alteration is the replacement of windows.

Sincerely,

Shelly and Tim Claflin

Now we would sit and wait for their response.

Dark Cloud

Christmas Cove

Friday, October 12th, we decided to bring our youngest son Ben with us on our second visit to the cabin. We wanted him to feel a part of the project and also felt that the cabin needed a family vibe. On our way up, Ben managed to locate a car in the Traverse City area that he wanted to purchase, so he and Tim made plans to leave the campsite first thing in the morning and head down to TC take it for a test drive. The fall weather was definitely raising its voice with temperatures in the low 40’s at night. This made it difficult to get warm and stay warm, but it was all well worth it.

The next morning, we got an early start so that the guys could get back and still have a full day to work on the cabin. I decided to take the opportunity to attend my first neighborhood association meeting. Tim and I had learned that we coincidentally knew someone who lived in the neighborhood, so I made plans to meet them at the meeting so that I could sit with someone I knew.

While waiting for the meeting to get started, I took the opportunity to introduce myself to those who were seated around me. I was thrilled to be meeting my new neighbors and excited to see if there was some way that Tim and I could become involved in our new community. The meeting was called to order and I readied my pen and paper to take notes for sharing later with Tim. It appeared that help was needed in many forms from beach clean-up to painting the club house to assisting with the build of a gazebo. Each member of the board reported in turn before the head of the Architectural Committee was given the floor.

I recognized this person as the same one who had disgracefully charged our property the weekend prior, but I had no reason to believe that we had reached a point of interference with the board. He began his report which included that of a shed and a family that was living in it. Of course, my mind went immediately to “Does this family need help? Did they encounter some sort of hardship that left them homeless and without shelter?” Before I could really wrap my head around what the family must be going through, the board member acknowledged that someone from the family was present. I was just beginning to feel a sigh of relief at the thought of the community coming together to help this family, when I realized that he was making eye contact with me and that WE were the family. I instantly felt the empathy drain from my body only to become replaced with a flood of discomfort. My cheeks turned red hot and my heart rate increased to a volume that had my heart practically beating out of my chest.

He did the unthinkable which was to make our situation public before requesting a meeting in private between us and the board. I allowed him to finish before raising my hand. Upon being invited to take the floor, I stood and calmly introduced myself to the community explaining that we just got the keys to our new property and that we actually live in Kalamazoo. I informed the group that according to the township, we do not require a land use permit as it has already been classified as a residence and that we were not staying there; in fact we are paying to stay at the State Park while we drive up to work on it.

Before I could finish, the board President rudely interrupted to remind me of the governing documents- Deed Restrictions and Bylaws of the association. I informed him that we had in fact read them and were very aware of the minimum square footage, however the structure existed prior to our purchase and was built in the early 1980’s, therefore it was the responsibility of the board then not to grant the former owners permission if it were going to be a problem. We therefore should be grandfathered in. Both men proceeded to take turns with raised voices threatening us with a legal battle. The President insisted that we would have to request a variance from the board before we could do ANYTHING to our property.

At this point, I couldn’t continue to defend our situation in front of all of these people. Tears began filling my eyes and all that I could think to do was to shame the two gentlemen for being so unwelcoming and for airing this matter in front of the entire community. I was flustered and quickly left the meeting with cell phone in hand to dial Tim. I could barely get the words out between gasps as I was so upset. I walked all of the way to our cabin before realizing that I left my keys and my purse under my chair at the meeting. I had to regain composure because I knew I had to go back in. Plus I couldn’t let them think that they ran me off.

I walked back into the meeting with swollen, but dry eyes. I quietly listened until the very end when they opened up the floor for questions. I heard a few others ask questions that raised red flags. I saw others get emotional which made me feel slightly better. When there was finally a lull, I raised my hand and asked the question “How do we go about requesting a variance.” The board president avoided my question and reverted to insisting that we would never be able to occupy our cabin. I raised my hand again and repeated the question. He continued hammering his truth at me until my friend Tom stood and insisted that he answer my question. Before I knew it there were others standing in my defense. When it was all said and done, nothing was resolved. All I knew was that our tiny little piece of sunny, northern Michigan was overcome with a very dark cloud. Had we just locked ourselves into a financial dead end?

I thanked those who stood in my defense and started towards my cabin. One of the quieter board members called to me and asked if he could walk me home. He apologized for what happened and admitted that he disagreed with how things went down. Although he couldn’t take away my fear, he set my mind at ease a little. Words cannot explain the shift that happened that day. All I know is that with every second we put into thinking about or working on that tiny cabin, the more vivid our reality becomes of the day when we will finally get to stay there.

Little Did We Know

The keys were finally ours after weeks of imagining what it would feel like to walk in and begin to make it our own. It was our very first visit over the first weekend in October. We would have to camp at the nearby State Park as we spent the weekend gutting the place. I arranged for a porta-potty to be delivered to our worksite. I also took the opportunity to arrange for meetings with a well drilling company, septic company and our local propane company over that same weekend. I should mention that the cabin hadn’t had electrical service since 2009 so in order to get the service reinstated, we were required to have an electrical inspection performed. We would also have to get an official address as the address that was currently on file was given to the owners by the power company, therefore it was never made official in the eyes of the county and the township. Despite jumping through all of the hoops with plenty of time to spare, we arrived to no power. The phone call to the power company would require me to stand and not move in the one spot where my cell phone could connect. After 30 minutes we were told that someone was dispatched to connect us to the grid.

Armed with dust masks, gloves and crow bars we entered the cabin and began to haul out the carpet and the mismatched pieces of paneling, OSB, Styrofoam and fiberglass insulation. The cabin definitely smelled like a musty old cabin. It needed love and we were there to give it just that!

Between the rain and the 40 degree temperatures, our spirits remained high and optimistic with the vision of a tiny little paradise where the forest meets the beach. As we were working away, our first inquisitive neighbor approached. His name was Dan and he was extremely welcoming and excited to know that someone was finally doing something with this forgotten cabin. After chatting about the local fauna and learning that black bear and bobcat had been sighted on our property, Dan offered his support of our project and advised us not to let people try to tell us that we can’t do what we hope to do with this cabin. Little did we know that Dan’s advice was foreshadowing an obstacle in our path.

As the weekend went on, we met a few other people including those that would provide services for us. We were overwhelmed with the welcome and the niceness of everyone until Sunday when the vibe was altered by our last visitor, the chairman of the Architectural Committee. Everyone else greeted us with a friendly wave and a hello. This guy rolled up on his bicycle yelling “Whoa, whoa, whoa, what is going on here?” I immediately approached him extending my hand. He was only interested to know what our intentions were with the property. I explained that we weren’t quite sure but for now it would remain the same, but fixed up and brought to code. He advised us that we were required to bring our proposed changes to the Architectural Committee. Tim approached from inside of the cabin as I was explaining to our visitor that we were unlikely to do so as we had no intention right now of changing the footprint of the cabin. He told us that what we were doing was against the by-laws of the association, and that I had better check with the township about the minimum size requirements. He insisted again that it was 1200 square feet and that we should familiarize ourselves with the by-laws.

To be honest, Tim and I both struggled to shake the conversation. Even when we should have felt some sort of accomplishment with all of the work we had done, the dark cloud of negativity continued to hover overhead all of the way home and over the next few days.

If It Were Only That Simple

While standing in front of our little treasure and with the Zillow ad for the cabin pulled up on my phone, I requested to be contacted by a realtor. Within minutes my phone rang and I was in discussion with a realtor named Linda. Linda pulled the listing up and said she would call the listing agent. We spoke a few times over the course of the weekend but knew that nothing could really happen until we could get home. Linda did mention that there was already an offer in on the property but that didn’t stop us from getting emotionally attached as throughout the remainder of the weekend we would swing in just to look at it every time we passed by the subdivision. The one solid piece of advice that Linda gave us was to do our homework on the Association. She mentioned that there was a fairly significant dispute happening among members about whether or not the Association should put a restriction on allowing homes to be rented.

As soon as we decided that we wanted to move forward on making our back up offer official, I started doing my homework to learn more about the HOA Bylaws and the County and Township building codes and restrictions. The HOA has their current deed restrictions and bylaws on their website. There are certain bylaws that were amended in 2000, but those are not readily available to see the specifics. From what I can tell, Section 7.1 which states the minimum size of 850 square feet was one of the bylaws that was amended in 2000. The County Register of Deeds, performed a full search of the HOA recorded deed restrictions to find that the original deed was recorded in 1965 and the only amendment was in 2000. In 1965, the original minimum size requirement was 480 square feet. This was changed in 2000 to the current minimum of 850 square feet. How this cabin was allowed to be constructed is yet to be determined, but nonetheless it exists.

I decided to reach out to the board for information regarding the history of the cabin. I called all 3 members of the Architectural Committee whose phone numbers were listed on the HOA website. After 4 days, I finally got a call back. The gentleman on the other end of the line said that the cabin was erected in 1985. I asked how it could have been legal for them to build it without a bathroom. He said that the owners lived on another lot in the association so a bathroom wasn’t necessary. When I told him that we were interested in putting a bathroom into the cabin and that I was aware the new construction was required to be a minimum of 850 square feet according to the rules of the association, he said that I should check with the county minimum requirements as he thought they required a minimum living space of 1200 square feet.

According to the Leelanau Township Supervisor and Zoning Administrator, there is no minimum and the cabin has the classification of being a residence. According to the County, we are applying for the appropriate permits to bring the cabin current with code, therefore there is no problem with us occupying the cabin once the work is done. The Township has informed us that if we decide to add to the footprint of the cabin, we would then need to apply for a Building Use Permit.

All signs were pointing to the fact that we were going to be grandfathered in. The County believed so and so did the Township. Meanwhile, our financing was in order and everything felt right. After a month of being the back-up offer with 3 agonizing extensions given to the people with the first offer, the sellers decided to cut their losses and go with us. The cabin was ours!

The Hunt

Every year when our wedding anniversary rolls around, we pack up the car and head north for a long weekend at the Leelanau State Park. We always mark our calendars for 6 months out in order to guarantee that we can get our favorite site #18. For us the weekend includes seeking new roads to get places, cooking over a campfire featuring locally sourced ingredients, relaxing and loving one another. Our trips are typically a 4-day weekend which means that we have to be selective about what we see and do, but some things we absolutely have to do- otherwise it just wouldn’t be the same.

Things we have to do include a visit to see our friend Sara at Tandem Ciders and enjoying a pint of fresh hard cider and a pickled egg. We also have to have one beach day at Christmas Cove and finally it wouldn’t be the same without a pre-sunset paddle on Omena Bay.

The best part about the past few years is that we’ve gotten into the routine of looking at property. There is nothing more fun than driving the countryside, listening to music, and dreaming about how we might turn a 2 acre lot into our future dream home. For us, the perfect formula for retirement is a summer home in the Leelanau Peninsula for 6 months out of the year and a winter retreat in a warmer climate. With restaurant and hospitality experience, we are both able to continue working part-time at a winery, brewery or beach-side bar!

This year it happened! I picked a few interesting properties for us to drive by prior to heading up north. We also grabbed a real estate guide to the area which is something we always do. Each day, we picked a part of the peninsula to explore and set out in search of the perfect scenario. Then one day we stumbled upon this tiny little writer’s cabin. As we pulled in the driveway, we both looked at each other with excitement. We had barely put the car in park before we both jumped out. We knew we had found it!

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