How to Dispute an HOA Violation in Michigan

HOA Law in Michigan

Michigan governs condominiums through the Michigan Condominium Act (MCL §559.101 et seq.), while planned community HOAs are typically organized as nonprofit corporations under the Michigan Nonprofit Corporation Act. Michigan does not have a separate comprehensive statute for non-condominium planned communities, so the governing documents — the master deed, bylaws, and rules — serve as the primary legal framework.

The Michigan Condominium Act provides important protections for condominium owners, including requirements for board meetings, financial reporting, and amendments to the master deed. For planned community HOAs, the Nonprofit Corporation Act requires boards to act in good faith and with due care. Michigan courts have applied the business judgment rule to HOA board decisions, giving boards some deference but holding them accountable for actions that are arbitrary, fraudulent, or in bad faith.

Michigan homeowners facing HOA disputes should carefully review their master deed and bylaws. Michigan courts enforce these documents as written and have held that homeowners are bound by the restrictions in place at the time they purchased their property. However, if the board is enforcing a rule that was not properly adopted, that conflicts with state law, or that is being applied selectively, Michigan courts will intervene.