Michigan Parking Rules and Regulations of Homeowners' Association

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Multi-State
Control #:
US-1128BG
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Word; 
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Description

Parking enforcement by the Homeowners' Association (HOA) can be an especially frustrating problem for both boards and members, because it concerns one of the most valuable items in a homeowner's possession: their vehicle. Most HOAs have rules for parking laid out in their Covenants, Conditions, and Restrictions and rules, typically covering restrictions such as: (1) What types of vehicles are allowed (commercial, recreational, etc.); (2) Where members may park; and (3) How long a vehicle may be parked in one spot.
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FAQ

Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in the state of Michigan. The Elliott-Larsen Civil Rights Act, or Public Act 453 of 1976.

Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.

While some states have laws that prohibit condominium and homeowner associations from restricting political signs, Michigan is not one of them.

Inconsistent, Arbitrary, or Capricious Enforcement. Even a validly enacted, substantively sound covenant can be nonetheless unenforceable if the HOA's enforcement is procedurally improper, or is conducted inconsistently or for an inappropriate purpose.

The OMA and FOIA are effective means by which to keep Michigan citizens informed regarding governmental affairs by requiring public meetings to be open, and by making governmental records readily accessible. They will not generally apply to a private community association.

Yes, homeowners association bylaws are generally legally binding and enforceable. Typical provisions found in homeowner association bylaws include: Frequency of board meetings. Meeting and quorum requirements.

Call an association meeting and ask for a vote on dissolving the HOA. If approved, have the agreeing members sign the termination agreement. Settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the SOS to complete the dissolution.

Limits of Authority: Public vs. In general, parking restrictions contained in the CC&Rs, which are filed in the real estate records and run with the land, are legally enforceable on private streets. However, HOAs do not have the authority to enforce parking restrictions on public streets unless authorized by law.

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Michigan Parking Rules and Regulations of Homeowners' Association