The dissolution of a homeowners association in Michigan necessitates a formal resolution, approval from a majority of members, and adherence to specific procedures set forth in the Michigan Nonprofit Corporation Act.
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.
A fence, wall or other approved barrier that is 48 inches (122 cm) tall must completely surround the swimming pool, hot tub or spa area (see “BARRIER” in Section 202).
Personal lawsuits HOA board members hold a fiduciary position. This means they are expected to transact HOA business, especially regarding its finances, with the highest level of integrity. HOA board members may be personally sued for acting negligently or violating their fiduciary duties.
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.
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.
In Michigan, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
AN ACT to invalidate certain provisions in homeowners' association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe ...