In Michigan, many neighborhoods rely on homeowners’ associations to handle shared responsibilities like maintaining common areas and enforcing community rules. Unlike some states, Michigan doesn’t have one single law that governs all HOAs. Instead, authority comes from a mix of state statutes, federal protections, and the association’s own governing documents.
Because of that, what an HOA can do often depends just as much on its documents as it does on the law. Using property management software helps keep everything organized and on track. Below, we’ll take a closer look at what you need to know about Michigan HOA laws.
Who Regulates HOAs in Michigan?
Michigan does not have a standalone statute that applies to all homeowners’ associations.
Most HOAs operate as nonprofit corporations, which means they fall under the Michigan Nonprofit Corporation Act (Act 162 of 1982). That law sets basic rules for how they form, manage, and dissolve the association.
Beyond that, HOAs rely heavily on their own governing documents. These typically include:
- Articles of Incorporation
- Bylaws
- Declaration of Covenants, Conditions, and Restrictions
- Additional rules adopted by the board
Some communities, especially condominiums, are also governed by the Michigan Condominium Act, which adds another layer of regulation.
Other state laws may apply depending on the situation, including:
- Michigan Elliott-Larsen Civil Rights Act
- Michigan Persons with Disabilities Civil Rights Act
- Michigan Land Division Act
And, like all HOAs, Michigan associations must still comply with federal laws such as the Fair Housing Act, the Americans with Disabilities Act of 1990, and the Code of Federal Regulations.
How to Find HOA Regulations in Michigan
In Michigan, access to HOA documents depends on the type of record.
Certain filings, such as Articles of Incorporation, are public and available through the Michigan Department of Licensing and Regulatory Affairs. These records typically show basic information about the association, including its status and registered agents.
Other documents, such as bylaws or internal rules, are not always publicly posted. Homeowners usually need to request those directly from the HOA . Associations may charge a fee depending on how the documents are delivered and how quickly they’re requested.
If you’re researching before buying, it’s worth asking for these materials early. They often contain the rules that will impact day-to-day ownership.
HOA Powers in Michigan
In Michigan, an HOA’s authority comes primarily from its governing documents, with state law providing the structure around it.
Most associations can :
- Collect dues and special assessments
- Maintain and manage common areas
- Enforce community rules
- Issue fines when tenants or homeowners violate rules
From there, the declaration usually expands those powers. That’s where you’ll find the details, such as architectural guidelines, parking rules, and use restrictions.
Because Michigan HOA laws are less rigid than those of some other states, those documents often carry more weight than many homeowners expect.
Can an HOA Impose Fines on a Homeowner in Michigan?
Yes, if the governing documents allow it. In Michigan, fines are typically tied to violations of community rules or failure to comply with HOA requirements outlined in their governing documents . The association’s documents usually spell out:
- What actions can lead to a fine
- How much the HOA can charge
- What notice or hearing process must occur first
There are still limits on what HOAs can regulate. For example:
- Homeowners generally have the right to display the American flag, as long as it follows federal guidelines
- Federal law protects the installation of certain satellite dishes and antennas
HOAs may still set reasonable rules about placement or appearance, but they cannot impose outright bans in those areas.
Can an HOA Take a Homeowner’s House in Michigan?
Under Michigan HOA laws, traditional associations do not clearly grant an overarching right to foreclose on a homeowner’s house. Instead, that authority, if it exists, comes from the HOA’s governing documents.
However, this is different for condominium associations. Under the Michigan Condominium Act, these HOAs can place liens on units for unpaid assessments and enforce those liens through foreclosure .
In other words, whether an HOA can force the sale of a property depends on the type of community it’s in and the governing documents in place.
As for eviction, Michigan HOAs usually do not evict homeowners. Condo associations, on the other hand, may be able to evict tenants who violate association rules, usually after providing notice and giving the tenant a chance to fix the issue .
Can an HOA Enter a Homeowner’s Property in Michigan?
Michigan HOA laws do not create a blanket rule that allows associations to enter a homeowner’s property. Instead, the governing documents outline the HOA’s access rights. Many associations include provisions that allow them to enter a property when needed to:
- Perform maintenance
- Repair shared systems or common areas
- Address violations or safety concerns
In practice, this is often applied to areas such as exterior structures, shared utilities, or spaces that affect multiple units.
Outside of emergencies, HOAs usually give advance notice before entering a property. The timing can vary from a few days to a couple of weeks, depending on the situation and the association’s rules .
Where Do Homeowners File Complaints Against Their HOA in Michigan?
If you need to file a complaint against your HOA in Michigan, the right course of action depends on the issue you have.
For discrimination complaints, you can contact the Michigan Department of Civil Rights, the U.S. Department of Housing and Urban Development, or state or federal courts.
For financial or fee-related concerns, your options include the Michigan Attorney General’s Office, the Consumer Financial Protection Bureau, or the Federal Trade Commission.
For most other disputes, such as disagreements about community rules or enforcement, you will usually handle the issue through the state court.
Joining and Leaving an HOA in Michigan
Michigan HOA laws do not set a single rule for joining and/or leaving an HOA. Instead, the association’s governing documents control how its membership works.
In most communities, you’ll see either a mandatory HOA or a voluntary HOA. In a mandatory HOA, membership comes automatically with owning the home. You must follow the rules and pay any dues or assessments, and you typically cannot opt out of your membership.
In a voluntary HOA, on the other hand, membership is optional, and you can usually join or leave as you’d like.
Leaving a mandatory HOA usually means selling your home. Some owners may try to petition the HOA for removal, but approval is rare and not guaranteed .
How to Dissolve an HOA in Michigan
Under Michigan HOA laws, dissolving an HOA starts with the association’s governing documents. If they do not provide clear direction, the process usually follows the rules of a nonprofit corporation. In most cases:
- The association board proposes dissolution
- Members vote on the proposal
- A majority (or required threshold) must approve
- The HOA files a Certificate of Dissolution with the appropriate state agency
Once the HOA takes these steps and files the Certificate of Dissolution, the HOA is dissolved .
Michigan HOA Laws FAQs
Is there a specific law that governs all HOAs in Michigan?
No, Michigan does not have a single statute that applies to all HOAs. In Michigan, most operate under the Nonprofit Corporation Act and their own governing documents, while condo associations follow additional rules under the Condominium Act.
Can an HOA foreclose on your home in Michigan?
In some cases, but it depends. Condo associations can foreclose for unpaid assessments under Michigan HOA laws. Other associations may have that authority only if the governing documents provide for it.
Are HOA rules public in Michigan?
Some records are considered public. Corporate filings are available through the state, but detailed rules and governing documents are usually obtained directly from the HOA.
Sources
- 1 Mich. Comp. Laws § 450.2131
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(4) The records and files of the administrator relating to domestic and foreign corporations shall be open to reasonable inspection by the public. The administrator may maintain the records or files either in their original form or in the form of reproductions pursuant to the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, and may destroy the original of the reproduced documents.
Source Link - 2 Mich. Comp. Laws § 450.2261
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(p) Conduct its affairs, carry on its operations, and have offices and exercise the powers granted under this act in any jurisdiction in or outside the United States, and, in the case of a corporation the purpose or purposes of which require the transaction of business, the receipt and payment of money, the care and custody of property, and other incidental business matters, transact that business, receive, collect, and disburse that money, and engage in those other incidental business matters as are naturally or properly within the scope of its articles. (q) Have and exercise all powers necessary or convenient to effect any purpose for which the corporation is formed.
Source Link - 3 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 4 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 5 Mich. Comp. Laws § 559.206
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A default by a co-owner shall entitle the association of co-owners to the following relief: (a) Failure to comply with any of the terms or provisions of the condominium documents, shall be grounds
for relief, which may include without limitations, an action to recover sums due for damages, injunctive relief, foreclosure of lien if default in payment of assessment, or any combination thereof.
Source Link - 6 Mich. Comp. Laws § 559.212
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(4) If the association of co-owners determines that the tenant or nonco-owner occupant failed to comply with the conditions of the condominium documents, the association of co-owners shall take the following action: (a) The association of co-owners shall notify the co-owner by certified mail, advising of the alleged violation by the tenant. The co-owner shall have 15 days after receipt of the notice to investigate and correct the alleged breach by the tenant or advise the association of co-owners that a violation has not occurred. (b) If after 15 days the association of co-owners believes that the alleged breach is not cured or may be repeated, it may institute… an action for both eviction against the tenant or nonco-owner occupant…
Source Link - 7 When You Must Allow an HOA Representative to Enter Your Unit
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…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
Source Link - 8 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 9 Mich. Comp. Laws § 450.2804
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(1) A corporation may be dissolved by action of its board and its shareholders or members, if any, as provided in this section… (6) If a corporation is organized on a stock or membership basis, the board shall submit a proposed dissolution for approval at a meeting of shareholders or members…. (7) At a meeting described in subsection (6), the shareholders or members shall vote on the proposed
dissolution… dissolution is approved if a majority of the votes held by shareholders or members that are entitled to vote on the proposed dissolution present in person or by proxy at the meeting are cast in favor of dissolution… (9) If the dissolution is approved, a certificate of dissolution shall be executed and submitted on behalf of the corporation…
Source Link - 10 Mich. Comp. Laws § 450.2831
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A corporation is dissolved when any of the following occurs:
(a) The period of duration stated in the corporation’s articles of incorporation expires. (b) A certificate of dissolution is filed pursuant to sections 803 to 805.
Source Link
