This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Hoa Bylaws Template With Calculator In Michigan
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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.
HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.” Victims of unfair debt collection practices can file a complaint with the state's Attorney General's Office, the FTC, or the CFPB.
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 such states, the act usually applies only to public or government bodies, which HOAs don't fall under. A good example is the Michigan Open Meetings Act, which applies to certain public bodies. It's important for HOAs to check state meeting requirements.
In Michigan, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
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.
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.