Property Owners Association Bylaws With Secretary Of State In Michigan
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FAQ
In Michigan, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
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.
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.
Any changes to the Articles of Incorporation or the bylaws must be documented in the county in which the community is located.
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.
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.
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.
Any changes to the Articles of Incorporation or the bylaws must be documented in the county in which the community is located.
A proper HOA request letter should include: Clear headers with date and contact information. The property address and owner details. A specific subject line identifying the request type. A concise project description. Relevant timeline and completion dates. Supporting documentation references.
In general, homeowners can request HOA documents that cover the following: Governing documents, including the CC&Rs, bylaws, articles of incorporation, community plat, and operating rules; All board and membership meeting minutes and notices; Membership lists; All insurance policies of the association;
