Section 1: Overview

Michigan's Condominium Act — MCL 559.101 et seq., Public Act 59 of 1978 — governs condominiums and the site-condominium developments that use detached single-family homes. It gives associations the power to impose an assessment lien and foreclose it either by judicial action or by advertisement (nonjudicial). Michigan is not a UCIOA state, and the lien generally sits behind a first mortgage of record.¹

The lien comes into existence automatically on the date an assessment is levied against a co-owner — not when it is recorded. A notice of lien must still be recorded before any foreclosure may begin.²

Michigan grants no super-priority ahead of a first mortgage; the one exception runs in the association's favor: a recorded notice of lien outranks any first mortgage recorded after it.³

The association can foreclose either judicially or nonjudicially by advertisement, following the same procedure as a mortgage foreclosure.⁴ Michigan sets no minimum dollar amount and no minimum delinquency period before an association can foreclose.⁵ Nationally, Michigan aligns with the no-super-priority, CC&R-primary states — unlike super-priority states such as Nevada and Connecticut, and unlike threshold-restricted states such as California, Arizona, and Colorado.⁶ The sections below cover the lien's creation and priority, the collection and foreclosure sequence, recent legislative and judicial activity, and where Michigan stands nationally.

Michigan HOA Collections & Liens at a glance

Source: MCL 559.208; MCL 600.3201 et seq.; MCL 600.3240; MCL 450.2101 et seq. Last verified: June 9, 2026.

1. Mich. Comp. Laws § 559.208, Michigan Condominium Act (Act 59 of 1978), Assessment lien; priority; foreclosure ↩
2. Mich. Comp. Laws § 559.208(1) (lien constituted upon the unit owned "at the time of the assessment"); § 559.208(3) (recordation required before foreclosure) ↩
3. Mich. Comp. Laws § 559.208(1) (lien before other liens "except tax liens . . . and sums unpaid on a first mortgage of record," except that past-due assessments evidenced by a recorded notice of lien have priority over a first mortgage recorded subsequently) ↩
4. Mich. Comp. Laws § 559.208(1)–(2) (lien may be foreclosed "by an action or by advertisement," in the same manner as a foreclosure of real estate mortgages by advertisement or judicial action) ↩
5. Mich. Comp. Laws § 559.208 (no minimum debt or delinquency-duration threshold for foreclosure stated in statute) ↩
6. Conn. Gen. Stat. § 47-258, Connecticut condominium super-priority lien (OLR Report); Nev. Rev. Stat. § 116.3116(2); SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. 2014) ↩
7. Mich. Comp. Laws § 559.208 (no statutory pre-lien notice, payment-plan, or board-vote requirement; such steps arise from condominium documents) ↩
8. Mich. Comp. Laws § 559.208(3)(c) (notice of lien recorded with register of deeds and served by first-class mail at least 10 days before commencement of foreclosure) ↩
9. Mich. Comp. Laws § 559.208(2) ("The redemption period for a foreclosure is 6 months from the date of sale unless the property is abandoned, in which event the redemption period is 1 month from the date of sale.") ↩
10. Mich. Comp. Laws § 559.208(1) (sums secured: unpaid assessments, interest, collection and late charges, advances for taxes or other protective liens, attorney fees, and fines in accordance with the condominium documents) ↩
11. Channel View East Condominium Ass'n, Inc. v Ferguson, Mich. Ct. App. Docket No. 351888 (Feb. 25, 2021) (unpublished) (association cannot foreclose a lien consisting solely of unpaid fines where bylaws do not treat fines as assessments) ↩
12. Mich. Comp. Laws § 450.2101 et seq., Michigan Nonprofit Corporation Act (corporate framework for associations); non-condominium associations rely on recorded covenants for lien and collection authority ↩
13. Mich. Comp. Laws § 559.208(3)(a)–(b) (contents and form of notice of lien) ↩
14. Mich. Comp. Laws § 559.208(1) (lien on each unit includes proportionate share of unpaid assessments attributable to units no longer owned by the co-owner) ↩
15. Mich. Comp. Laws § 559.208(5)–(6) (money judgment may be maintained without foreclosing or waiving the lien; money damages and foreclosure may be combined in one action) ↩
16. Mich. Comp. Laws § 570.1119, Michigan Construction Lien Act (relative priority of construction liens); race-notice recording priority ↩
17. Mich. Comp. Laws § 559.208(1) (association lien subordinate to sums unpaid on a first mortgage of record) ↩
18. Mich. Comp. Laws § 559.158, Michigan Condominium Act (acquisition of title by foreclosure of first mortgage; liability for assessments from sale date forward) ↩
19. Mich. Comp. Laws § 559.208(1)–(2) (recoverable charges and reasonable interest, expenses, costs, and attorney fees "to the extent the condominium documents provide") ↩
20. Mich. Comp. Laws § 600.5807(9) (six-year limitations period for breach of contract) ↩
21. Main Street Lofts Condominium Ass'n v Parodi, Mich. Ct. App. Docket No. 362990 (Nov. 21, 2023) (unpublished per curiam) (Michigan Courts case search) ↩
22. Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (applies to third-party collectors and collection law firms) ↩
23. 15 U.S.C. § 1692f(1), Fair Debt Collection Practices Act — no amount collectible unless expressly authorized by the agreement creating the debt or permitted by law (Cornell Legal Information Institute) ↩
24. Goudelock v. Sixty-01 Ass'n of Apartment Owners, 895 F.3d 633 (9th Cir. 2018); 11 U.S.C. § 523(a)(16) (Justia) ↩
25. Mich. Comp. Laws § 559.206, Michigan Condominium Act (remedies for default, including foreclosure of lien for default in payment of assessment) ↩
26. Mich. Comp. Laws § 559.208(3)(c) (notice must be sent by first-class mail to last known address; actual receipt not required, as applied in Trademark Properties of Mich., LLC v Federal National Mortgage Ass'n, 308 Mich. App. 132 (2014)) ↩
27. 2024 Mich. Pub. Act 154, amending Mich. Comp. Laws § 565.371 (eff. Apr. 2, 2025), Michigan Legislature (recording a document with intent to defraud; felony up to 10 years, fine up to $5,000) ↩
28. Mich. Comp. Laws § 559.208 (no statutory board-vote or ADR prerequisite; such requirements arise from condominium documents) ↩
29. Mich. Comp. Laws § 600.3208 (notice of foreclosure published once each week for four successive weeks; posted on premises within 15 days of first publication) ↩
30. Mich. Comp. Laws § 600.3101 et seq. (judicial foreclosure of mortgages) ↩
31. Mich. Comp. Laws § 559.208(4), (7) (association may bid in and acquire the unit; receiver may be appointed to take possession and collect rents) ↩
32. Mich. Comp. Laws § 600.3240(1)–(2) (redemption by mortgagor, heirs, personal representative, or persons with a recorded interest; amount required to redeem) ↩
33. Mich. Comp. Laws § 559.208(8) (co-owner and successors liable for assessments coming due before expiration of redemption period) ↩
34. Mich. Comp. Laws § 600.3280 (defense to deficiency where foreclosing party purchased for substantially less than fair market value) ↩
35. Mich. Comp. Laws § 600.3240 (distribution and redemption framework following foreclosure sale) ↩
36. Mich. Comp. Laws § 559.208 (history: 1978 PA 59; last amended 2002 PA 283; no 2024–2026 amendment) ↩
37. House Bill 5028 of 2023 (2024 Public Act 68), Homeowners' Energy Policy Act, Mich. Comp. Laws § 559.301 et seq. (effective Apr. 1, 2025) ↩
38. Senate Bill 522 of 2025 (parental-rights/human-trafficking package, SB 520–524; not related to association collections) ↩
39. H.B. 5046, 103d Leg., Reg. Sess. (Mich. 2025), Michigan Legislature bill record (passed House 105–2 on June 24, 2026; referred to Senate committee July 1, 2026; would add MCL 600.3232(5)) ↩
40. Farmington Square Condominium Ass'n v Mitan, Mich. Ct. App. No. 366946 (Aug. 11, 2025) (unpublished), Michigan Courts (manager authority to file suit; MCL 559.212(5); fee award under MCL 559.206(b)) ↩
41. Woodside Meadows Condominium Ass'n v Parker, Mich. Ct. App. Nos. 364582 & 364583 (Feb. 12, 2025) (unpublished), Michigan Courts (association ledgers admitted as business records but found untrustworthy) ↩
42. Shenandoah Ridge Condominium Ass'n v Bodary, Mich. Ct. App. No. 364972 (Jan. 13, 2025) (published), Michigan Courts (co-owner standing under MCL 559.167(3); lis pendens; slander of title) ↩
43. Cal. Civ. Code § 5720(b) ($1,800-or-12-month foreclosure threshold); Colo. Rev. Stat. § 38-33.3-316 (six-month super-lien) ↩