Michigan HOA Laws

Homeowners associations in Michigan would do well to understand the different laws that might affect them. To know more about these Michigan HOA laws, continue reading below.


For Condominiums

The Michigan Condominium Act oversees the creation, authority, operation, and management of condominiums in the state. It also governs common elements, records retention, and insurance, among other things.

You can find the Michigan Condominium Act under Act 59 of 1978 in the Michigan Compiled Laws. It consists of several sections, namely:


Michigan HOA Laws on Corporate Governance

The Michigan Nonprofit Corporation Act provides legal guidance to non-profit corporations in relation to corporate procedure, structure, and management. In Michigan, a majority of the associations form as non-profit corporations. Additionally, there is no specific statute governing homeowners associations in particular. Therefore, such associations follow the Michigan Nonprofit Corporation Act as well as their governing documents.

You can find the Michigan Nonprofit Corporation Act under Act 162 of 1982 in the Michigan Compiled Laws. It consists of 11 chapters, seen below.

This Act covers a variety of topics, including but not limited to the following:

  • The qualifications and powers of the board of directors
  • Board meetings – special and regular
  • Notice and location of board meetings
  • Annual meeting requirements and procedures
  • Records inspection


Michigan HOA Laws on Fair Debt Collection

The Michigan Regulation of Collection Practices Act provides state-level regulations for debt collectors. It functions similarly to the federal Fair Debt Collection Practices Act, forbidding debt collection practices deemed abusive, misleading, or unfair.

Within the context of HOAs, homeowners are considered “consumers” and association dues are considered “debts” under the Act. It is worth noting, though, that the HOAs themselves are not considered debt collectors. Instead, that title is reserved for third-party collectors such as collection agencies.

Homeowners can file a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, or Michigan’s Attorney General’s Office if they have become a victim of unfair debt collection practices. The federal Act also allows victims to file a private lawsuit against the debt collector in federal or state court.


Fair Housing

The HOA laws of Michigan also cover housing discrimination and public accommodation, among other things. The Fair Housing laws of the state protects persons from discrimination based on their national origin, race, color, sex, age, height, weight, religion, marital status, or familial status. This Act offers similar protections as the federal Fair Housing Act and the Americans with Disabilities Act.

Housing discrimination victims can put in a formal complaint with the U.S. Department of Housing and Urban Development or the Michigan State Housing Development Authority. They can also file a lawsuit in federal district court.

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