Michigan HOA Laws: Your Rights & Board Duties

Michigan's legal framework for HOAs differs depending on the type of community. Condominiums are governed by the Michigan Condominium Act (MCL §559.101-559.272), while non-condominium planned communities (subdivisions with HOAs) are governed primarily by the Nonprofit Corporation Act (MCL §450.2101 et seq.) and their governing documents.

Michigan Condominium Act (MCL §559.101-559.272)

The Condominium Act is Michigan's comprehensive statute for condominium governance:

• §559.101-110 — Definitions and general provisions
• §559.131-156 — Creation and organization of condominiums
• §559.157 — Co-owner rights to examine books and records
• §559.154-156 — Bylaws: mandatory and permitted provisions
• §559.167 — Changes to the project, including the "need not be built" / withdrawal-of-land provision
• §559.190 — Amendment of the condominium documents (master deed and bylaws)
• §559.206 — Default by co-owner; remedies, including fines after notice and hearing
• §559.208 — Assessment lien, priority, and foreclosure (by advertisement or judicial action; 6-month redemption)

Nonprofit Corporation Act (MCL §450.2101 et seq.)

Most HOAs in Michigan are organized as nonprofit corporations, making this act applicable:

• Board governance — Fiduciary duties, elections, removal procedures
• Member rights — Meeting attendance, voting, inspection of records
• Corporate procedures — Amendments, mergers, dissolution
• Financial oversight — Record-keeping and reporting requirements

Common Law and Contract Principles

Michigan courts also apply general legal principles to HOA disputes:

• CC&Rs are treated as enforceable covenants running with the land
• Bylaws are treated as contracts between the association and its members
• Equitable defenses (waiver, estoppel, selective enforcement) apply
• Reasonableness review for board-adopted rules

Michigan law provides homeowners with important rights, though the scope of protection varies between condominium and non-condominium communities. Understanding your rights is essential for fighting unfair HOA actions.

Record Access Rights

Condominium owners (MCL §559.157):

• Right to examine books and records of the association
• Financial records, meeting minutes, and governing documents
• Must provide access during reasonable business hours
• Can be charged reasonable copying costs

Non-condominium HOA owners:

• Rights under the Nonprofit Corporation Act (MCL §450.2487) to inspect records
• Must state a proper purpose for inspection
• Financial records and minutes should be available to members

Meeting and Voting Rights

• Annual meetings — Required under both the Condominium Act and Nonprofit Corporation Act
• Notice requirements — Reasonable advance notice of meetings
• Voting rights — One vote per unit (unless bylaws specify otherwise)
• Proxy voting — Generally permitted unless bylaws prohibit
• Board elections — Members have the right to vote for board members

Property Rights and Protections

• Fair Housing protections — Michigan Civil Rights Act (MCL §37.2101 et seq.) and federal Fair Housing Act
• Flag display — Federal Freedom to Display the American Flag Act applies
• Satellite dishes — FCC OTARD rules preempt HOA restrictions for dishes under 1 meter
• Service animals — Must accommodate service and emotional support animals under fair housing laws

Right to Fair Enforcement

Michigan courts recognize:

• Uniform enforcement — Rules must be applied consistently
• Reasonable restrictions — Board rules must be reasonable
• Good faith — Board must act in good faith, not retaliatorily
• Follow procedures — Board must follow its own bylaws and CC&Rs

Michigan HOA boards have fiduciary duties and statutory obligations that limit their discretion. Understanding these constraints helps you hold your board accountable.

Fiduciary Duties

Board members owe fiduciary duties to the association and its members:

• Duty of care — Must act with reasonable care, using the judgment of a prudent person
• Duty of loyalty — Must act in the best interest of the association, not personal interest
• Duty of good faith — Must act honestly and not use position for personal gain
• Business judgment rule — Board decisions protected if made in good faith with reasonable inquiry

Governance Requirements

• Follow governing documents — Must comply with master deed, bylaws, and CC&Rs
• Hold annual meetings — Required under statute
• Maintain records — Financial records, minutes, and governing documents
• Proper notice — Adequate notice of meetings and assessments
• Quorum requirements — Must have a quorum to conduct business

Assessment and Lien Obligations (MCL §559.206-208)

For condominiums, the board must follow statutory procedures for assessments:

• Assessments must be levied in accordance with the master deed and bylaws
• Special assessments may require membership approval
• Lien procedures must follow MCL §559.208
• Foreclosure also follows MCL §559.208 — by advertisement or judicial action, in the same manner as a mortgage

Things Your Michigan HOA Board CANNOT Do

• Cannot discriminate — Michigan Civil Rights Act and Fair Housing Act apply
• Cannot retaliate — Cannot target homeowners for exercising their rights
• Cannot ignore bylaws — Must follow established procedures
• Cannot deny record access — Members have rights to inspect records
• Cannot impose unauthorized fines — Fines must be authorized by governing documents
• Cannot amend governing documents unilaterally — Amendments require proper procedures under MCL §559.190
• Cannot self-deal — Cannot use position for personal financial gain