HOMEOWNERS' ASSOCIATION INFORMATION
The information provided by HOPB is for educational purposes only and it's not meant to provide or to be construed as legal advice. Any legal questions, should be directed to your attorney. We cannot respond to questions regarding the law.
GOVERNMENT AGENCIES & RESOURCES
Michigan Government Portal - Search for government information by topic and agency.
File an American with Disabilities Act (ADA) Discrimination Complaint - Allegations of discrimination in access to state government programs, services, and benefits for persons with disabilities under Title ll of the ADA.
Licensing and Regulatory Affairs (LARA) - The role of LARA includes: “the creation of the Condominium Buyer's Handbook to be distributed by developers to potential buyers, the distribution of copies of the Act and Administrative Rules when requested, and the maintenance of the Condominium web site for additional resources, information and assistance.”
Michigan Attorney General - The office of the attorney general plays an important role in protecting the state's citizens.
Michigan Secretary of State - Information on elections, businesses, licensing, and securities.
Corporations Division - Find your association’s corporate status, active board members, registered agent, management company, and corporation documents such as the association’s Articles of Incorporation by conducting a search under the community or development’s name.
Michigan Department of Agriculture - The agency provides leadership on food, agriculture, natural resources, and related issues.
Database of State Incentives for Renewables & Efficiency - Find solar access policies and incentives
American Arbitration Association - The organization provides alternative dispute resolution (ADR) services.
HOA LAWS AND REGULATIONS
The Michigan Elliott-Larsen Civil Rights Act prohibits housing discrimination based on age and marital status. For more information, visit the Michigan State Housing Development Authority and the federal laws page for more protections afforded to homeowners living in HOAs.
Michigan Regulation of Collection Practices Act, Mich. Comp. Laws § 445.251, et seq - regulates HOA debt collection at the state level and contains provisions similar to the FDCPA. The Act is administered by the Michigan’s Department of Attorney General.
Recommended reading: Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, 758 F.3d 777, 783 (6th Cir. 2014))
Michigan Condominium Act, Act 59 PA 1978 (MCL §559.101 et seq.). The Act regulates the operation and management of condominium developments. Site Condominiums must also comply with the Administrative Rules for the Land Division Act.
Land Division Act, Act 288 PA 1967 - Michigan subdivisions are established under this Act.
Condominium Administrative Rules - R559.101-559.903
Attorney General Opinion No. 6577- Establishment & Regulation of "Site Condominiums"
Michigan Nonprofit Corporation Act - Act 162 of 1982 - The state of Michigan does not have a statute dedicated to homeowners’ associations. However, most Michigan HOAs and condominium developments are organized as nonprofit corporations and subject to the authority of the Michigan Secretary of State. Thus, with regard to its organizational structure and general management, an association is subject to the Michigan Nonprofit Corporation Act. 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. To find an association’s corporation status, homeowners can search the Michigan Secretary of State, Corporations Division.
Below are a few important provisions within the Act:
Board of directors; management of business and affairs of corporation; qualifications; powers. MCL 450.2501
Regular or special meetings of board; location; notice; attendance or participation as waiver of notice; participation by means of conference telephone or other remote communication. MCL 450.2521(2)
Annual meeting of shareholders or members for election of directors and conduct other business; failure to hold meeting at designated time or elect sufficient number of directors; adjournment of meeting; court order to hold meeting or election; quorum. MCL 450.2402
Notice of time, place, and purposes of meeting of shareholders or members; manner; contents; notice of adjourned meeting; notice not given; attendance at meeting; participating and voting by remote communication; meeting without notice. MCL 450.2404(1)
Allow members to inspect the books and records of an account and minutes of the proceedings of its members, board and executive committees. - MCL 450.2485
Member's right to bring a court action that contain acts illegal, fraudulent, or willfully unfair and oppressive; order or relief; "willfully unfair and oppressive conduct" defined. MCL 450.2489