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.
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.
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.
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'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.
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).
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.
A homeowners association cannot evict a homeowner the same way that a landlord can evict a tenant. A landlord typically has a lease that allows the landlord to give the tenant a certain amount of time to correct a problem, move out, or face eviction.
HOA Rules and Enforcement in Michigan In Michigan, homeowner associations (HOAs) are governed by a set of rules and regulations documented in their governing documents, including bylaws and amendments. Enforcement of these rules is crucial for maintaining community standards and compliance.