Restrictive covenants or deed restrictions are legal instruments recorded with the county register of deeds and are used to impose land use or resource use restrictions where environmental contamination is present at a particular property.
Under the newly enacted Homeowners' Energy Policy Act (the “Act”), signed into law by Gov. Gretchen Whitmer on July 8, 2024, HOAs can no longer prohibit unit owners/homeowners from installing a wide range of energy-efficient upgrades.
To change HOA bylaws in Michigan, a majority vote from the association members is typically required, following procedures outlined in the original bylaws with adherence to the governing documents and state laws.
Any changes to the Articles of Incorporation or the bylaws must be documented in the county in which the community is located.
HOA LAWS AND REGULATIONS. Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, iniums, cooperatives, and residential properties in the state of Michigan.
In Michigan, an HOA is typically established by filing Articles of Incorporation with the Secretary of State. These articles provide the legal foundation for the association and include key details such as the association's name, purpose, and the initial board of directors.
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
While you can't refuse to join one, there are plenty of constructive ways to voice your concerns and seek change if you find yourself at odds with a mandatory HOA. Here's what you can do: Review Governing Documents: Start by pulling out the HOA's Covenants, Conditions, and Restrictions (CC&Rs) and other bylaws.
First, the individuals or parties desiring the change will propose an amendment, and then a vote takes place on whether to approve the proposed change. The voters will include the co-owners and mortgagees of properties within the association. For the amendment to pass, there must be a two-thirds approval vote.