Michigan Architectural Review Guide

Key Points

• Architectural review authority in Michigan comes from the recorded declaration and bylaws, not from a single comprehensive HOA statute.
• Michigan law does not require a separate Architectural Review Committee; the Board may serve as the ARC unless the governing documents require otherwise.
• When an ARC exists, its authority is limited to what is expressly granted in the governing documents.
• Architectural standards must be applied reasonably, consistently, and in good faith, and may not be arbitrary or selectively enforced.
• Homeowners are entitled to clear standards and fair procedures as defined in the declaration and bylaws.

Official Statutes & References

• Michigan Nonprofit Corporation Act (Act 162 of 1982)
• Michigan Condominium Act (Act 59 of 1978)
• Michigan General Property Law (MCL Chapter 565)
• Michigan Court Rules and Case Law
• Roberts Rules of Order (Parliamentary Authority)

Process Timeline

1. Submission of Application (Day 0): Homeowner submits a complete architectural application as required by the declaration, bylaws, or published architectural guidelines.
2. Completeness Review (Day 0–10): The ARC or Board confirms the application is complete. Incomplete submissions may pause review timelines.
3. Architectural Review (Typically 30–45 days or as specified in governing documents): The designated decision-making body (Board or ARC) reviews the request against the declaration, architectural standards, and established precedent.
4. Decision Issued (By deadline in governing documents): Written approval, conditional approval, or denial is issued. Decisions must be tied to governing standards.
5. Appeal or Resubmission (As defined by governing documents): If permitted by the governing documents, the homeowner may appeal to the Board or resubmit a modified application.

Requirements

Authority & Structure

• The declaration must specify whether a separate Architectural Review Committee is required or whether the Board serves as the ARC.
• If an ARC exists, the declaration or bylaws must define whether the ARC has final authority or is advisory to the Board.
• The Board retains fiduciary responsibility under the Michigan Nonprofit Corporation Act even when architectural authority is delegated.

Standards & Decision-Making

• Architectural standards should be written, published, and applied uniformly.
• Decisions must be reasonable, non-discriminatory, and consistent with prior approvals unless a rational basis for change exists.
• Selective enforcement or vague standards increase legal risk under Michigan case law.

Procedural Requirements

• Applications must be reviewed within the timeframes stated in the governing documents.
• Decisions should be documented in writing and retained as association records.
• If no deadline is stated, action is expected within a reasonable time under Michigan common law principles.

Frequently Asked Questions

Is an Architectural Review Committee required in Michigan?

No. Michigan law does not require an ARC. Architectural review exists only if established in the governing documents, and the Board may serve as the ARC unless the documents require a separate committee.

Can the Board override an ARC decision?

Only if the governing documents grant the Board that authority or make the ARC advisory rather than final.

What happens if no decision is issued on an application?

Some governing documents provide for automatic approval. Even without such language, unreasonable delays may be challenged under Michigan law.

Can an HOA deny an application without written standards?

It is legally risky. Michigan courts generally expect objective standards or consistent precedent to avoid arbitrary enforcement.

Can architectural violations be enforced with fines?

Yes, if the governing documents authorize fines and enforcement follows the procedures outlined in the bylaws and rules.