Michigan Homeowners' Association Handbook

State:
Multi-State
Control #:
US-1129BG
Format:
Word; 
Rich Text
Instant download

Description

This Handbook contains general information about a Homeowners' Association, clarifications of the governing documents when needed, and rules and regulations adopted by the Board of Directors as allowed in the Association's governing documents.
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FAQ

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

In most Michigan condominium associations, if a member wants to remove an officer, the member will either have to 1) convince the Board of Directors to remove the officer or 2) replace enough directors with enough supporters of the member's position to then have the new directors vote to remove the officer.

However, the Brown Act (Government Code 54950-54963) generally applies to public agencies, commissions or private corporations created by a public agency. Since HOAs are private associations, the Brown Act does not apply to them, but the Open Meeting Act does apply.

How to Find the Homeowners Association Associated With Your AddressCC&R Recorded with the County.Find the Name of Your Community.Visit the State's Corporation Commission.Check You Have the Right HOA.Use Paid HOA Locator Services.

The basic intent of the Michigan Open Meetings Act is to require public bodies to conduct business at open meetings. The Act applies to any local governing body (including a board, commission, committee, subcommittee, or authority).

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.

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.

In many jurisdictions, depending on applicable state law, the standard rule is that 80 percent of the members of the community must vote in favor of dissolving the HOA. This is typically the case, unless the HOA documents state otherwise or provide for a different rule.

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.

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Michigan Homeowners' Association Handbook