HOA Laws in Michigan

Michigan does not have a single comprehensive statute for traditional homeowners associations. Instead, many Michigan communities are organized as site condominiums, which are governed by the Michigan Condominium Act, MCL 559.101 and following, and other communities are governed mainly by their recorded documents. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

A defining feature of Michigan is the site condominium, a common structure in which single-family lots are created and governed under the Condominium Act rather than a separate HOA statute. If your community is a site condominium or a traditional condominium, the Condominium Act controls most operations. If your community is a traditional HOA, your recorded declaration of covenants (CC&Rs) and bylaws carry significant weight. Most Michigan associations are also incorporated as nonprofit corporations, so the Nonprofit Corporation Act (MCL 450.2101 and following) governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and records

For communities under the Condominium Act, meetings, notice, and records access follow that statute. For traditional HOAs, these are governed mainly by the bylaws and the Nonprofit Corporation Act, which gives members certain inspection rights.

Elections and voting

Directors are elected by the members as provided by the applicable statute and the governing documents, with notice, quorum, proxy, and ballot procedures set by those rules.

Assessments, liens, and foreclosure

Condominium and site-condominium associations may place and enforce a lien for unpaid assessments under the Condominium Act, including foreclosure subject to procedure. Traditional HOAs derive their assessment and lien authority mainly from their documents. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

For traditional HOAs, the authority to fine comes primarily from the governing documents. Condominium associations follow the Act and their documents. Boards should provide fair notice and an opportunity to be heard.

Reserves and budgets

Michigan does not impose a detailed statewide reserve-study mandate on traditional HOAs, though the Condominium Act addresses reserves for condominiums. Funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

Michigan addresses certain owner rights, including the display of the United States flag and, for some communities, solar access. Review the specific statute and your documents before denying a related request.

Where to get official help

The Michigan Condominium Act and the Nonprofit Corporation Act are available from the Michigan Legislature. Because the site-condominium structure and the reliance on documents can be nuanced, consulting a Michigan attorney experienced in community association law is especially valuable.