Michigan HOA Governance Guide

Key Points

• Michigan condominium associations should start with the Michigan Condominium Act and the condominium documents.
• Many non-condominium HOAs are governed primarily by recorded restrictions, bylaws, articles, and nonprofit corporation rules rather than a single statewide HOA act.

Official Statutes & References

• Michigan Condominium Act, Act 59 of 1978
• Michigan Nonprofit Corporation Act, Act 162 of 1982
• Michigan LARA business entity search

Requirements

Board records to keep current

• Articles of incorporation and current resident agent information, if the association is incorporated.
• Bylaws, recorded covenants, condominium documents, amendments, rules, and board resolutions.
• Director and officer rosters, terms, committee appointments, conflicts, minutes, and votes.
• Policy history for assessments, violations, architectural review, collections, records access, and communications.

Questions Michigan boards should ask

• Is this a condominium association, subdivision association, site condominium, or another structure?
• Which document gives the board authority for this decision?
• Do the bylaws or articles change the default nonprofit corporation process?
• Does the association need Michigan counsel to review old restrictions or amendments?

Why Michigan Governance Is Different

Michigan boards should begin by identifying the association type. A condominium association is not the same as a non-condominium subdivision association, even when both are casually called an HOA.

The Michigan Legislature identifies the **Condominium Act, Act 59 of 1978**, as covering MCL 559.101 through 559.276. That act is the starting point for condominium projects and condominium associations.

The Michigan Legislature also identifies the **Nonprofit Corporation Act, Act 162 of 1982**, as covering MCL 450.2101 through 450.3192. If an association is incorporated as a Michigan nonprofit corporation, its corporate governance should be reviewed against that act, the articles, and the bylaws.

Practical Board Workflow

For each major decision, record:

• The document or statute that authorizes the action.
• The meeting notice and agenda.
• Whether quorum was present.
• The motion, vote, and result.
• Any owner notice or follow-up required by the documents.
• The record location where supporting documents were saved.

Michigan Board Readiness Checklist

• Confirm the association's legal structure and corporate status.
• Upload recorded covenants, condominium master deed, bylaws, articles, amendments, rules, and resolutions.
• Calendar director terms, annual meeting requirements, budget dates, insurance renewals, and corporate filings.
• Keep minutes specific enough to show authority, quorum, motion text, vote outcome, and abstentions.
• Review stale restrictions and amendments with Michigan counsel before relying on them in an enforcement dispute.

Frequently Asked Questions

Does Michigan have one general HOA act for every homeowners association?

Michigan does not use the same single statewide planned-community HOA framework that some states use. Condominiums have a dedicated Condominium Act. Other associations often depend on recorded covenants, bylaws, articles, and nonprofit corporation law.

Are Michigan HOA boards required to be nonprofit corporations?

Many associations are organized as Michigan nonprofit corporations, but the governing documents and entity records should be checked. Corporate status is different from the recorded land-use covenants that bind lots.

Is this guide legal advice?

No. This guide is educational. Michigan associations should rely on Michigan counsel for interpretation of statutes, documents, and disputes.