Bylaws For Apartment Association In Michigan
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FAQ
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.
Section 57 of the Act provides that all books, records, contracts, and financial statements concerning the administration and operation of the inium project shall be available for examination by any of the co-owners at convenient times.
Any changes to the Articles of Incorporation or the bylaws must be documented in the county in which the community is located.
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 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.
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.
Sec. 67. (1) A change in a inium project shall be reflected in an amendment to the appropriate inium document. An amendment to the inium document is subject to sections 90, 90a, and 91.
In Michigan, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
Sec. 47. (1) Subject to the prohibitions and restrictions in the inium documents, a co-owner may make improvements or alterations within a inium unit that do not impair the structural integrity of a structure or otherwise lessen the support of a portion of the inium project.
