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, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
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 the extent an HOA's activities implicate any consumer protection statutes, the HOA is subject to the enforcement power of the Michigan Attorney General. Importantly, homeowners' associations are bound by its governing documents (Bylaws, Declaration, Articles of Incorporation).
— Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.
Formation and Management of HOAs in Michigan The operation of an HOA is overseen by a board of directors who are charged with the duty to manage property, maintain records, and ensure compliance with both the association's bylaws and state regulations.
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.
If the HOA leases property to a tenant, it may evict the tenant as a landlord would. A rental agreement to outline the terms and obligations of the deal is essential. However, if the HOA is not directly responsible for the tenant, it may not have the authority to evict them.