1. Overview — How HOAs are governed in Michigan

Michigan governs its community associations two different ways, and which one applies depends entirely on the kind of community you are dealing with. The state covers condominiums comprehensively through the Michigan Condominium Act, MCL 559.101 et seq. (Public Act 59 of 1978). It does not provide any comprehensive statute for non-condominium planned communities.¹

The Condominium Act ranks among the more detailed condominium statutes in the country. It runs from MCL 559.101 to 559.276, and it spells out the master deed, bylaws, disclosure, assessment, and reserve obligations that govern condominium projects.²

Non-condominium homeowners associations operate on different ground. They rely first on their recorded covenants, conditions, and restrictions (CC&Rs), together with the Michigan Nonprofit Corporation Act, MCL 450.2101 et seq. Because no Michigan statute governs planned-community operations directly, these communities are functionally CC&R-primary.³

The Michigan Department of Licensing and Regulatory Affairs (LARA), which the Act names as administrator, plays only a limited role tied to the developer offering stage. It does not regulate the ongoing operations of established condominium associations or non-condominium HOAs.⁴ Michigan is also not a Uniform Common Interest Ownership Act (UCIOA) state; the Condominium Act is bespoke Michigan legislation, not built on UCIOA or its predecessor, the Uniform Condominium Act.⁵

So property managers, board members, and community association attorneys working in Michigan have to identify the community type first, because the governing legal source differs sharply between condominiums and other planned communities.

2. The statutory framework

The Michigan Condominium Act

The Michigan Condominium Act, MCL 559.101 et seq., became law as Public Act 59 of 1978 and took effect July 1, 1978.⁶ It is one of the more detailed condominium statutes in the country, spanning MCL 559.101 through 559.276 and covering the creation, administration, disclosure, finance, and enforcement of condominium projects.²

The Act applies only to condominiums, a category that includes attached condominiums, detached or "site" condominiums, conversion condominiums, leasehold condominiums, and mobile home condominium projects.⁷ It defines its key terms in MCL 559.103 to 559.110 — among them "condominium project," "co-owner," "common elements," "association of co-owners," and "master deed."⁸

A condominium project comes into existence only when someone records a master deed that complies with the Act under MCL 559.172.⁹ The master deed, defined at MCL 559.108, records the project and incorporates the bylaws and the condominium subdivision plan by reference. It must include an accurate legal description, a statement of the percentages of value assigned to each unit, and identification of the local unit of government where the architectural plans were filed.¹⁰

The bylaws carry mandatory provisions under MCL 559.154. They must designate the persons who administer the project, set recordkeeping requirements, include an indemnification clause for the board, and — for projects established after the relevant amendment — provide for arbitration of disputes.¹¹ The bylaws must be recorded under MCL 559.153.¹² Amendments to the master deed and bylaws generally require an affirmative vote of two-thirds of co-owners under MCL 559.190(2); any document provision that tries to demand more than two-thirds is void, and that subsection supersedes it.¹³

The Act puts real disclosure duties on developers. Under MCL 559.184a, a developer must give a prospective purchaser the recorded master deed, a conforming purchase agreement and escrow agreement, a condominium buyer's handbook published by LARA, and a disclosure statement that includes a projected first-year budget and the developer's background.¹⁴ Reserve funding is mandatory: MCL 559.205 requires that "a reserve fund for major repairs and replacement of common elements shall be maintained by the associations of co-owners," and it lets the administrator set minimum standards by rule.¹⁵

LARA's role centers on the developer offering stage. Under MCL 559.275, the administrator "shall have no authority to review any condominium project or condominium documents or any amendments thereto, or to issue any approval or disapproval concerning any condominium project."⁴ Notable amendments since 1978 include Act 538 of 1982, Act 379 of 2000, Act 283 of 2002, Act 134 of 2013 (the audit/review provision in MCL 559.157), and Act 170 of 2015 (effective February 1, 2016).¹⁶ The Act was not amended in 2024, 2025 or 2026; the changes that reached Michigan associations in those years came from separate statutes such as the Homeowners' Energy Policy Act (2024 PA 68).²

Footnotes

1. Hirzel Law, PLC, The Michigan Nonprofit Corporation Act, Mich. Cmty. Ass'n L. Blog ↩
2. Condominium Act, Mich. Comp. Laws § 559.101–.276 (Act 59 of 1978) ↩
3. Michigan Nonprofit Corporation Act, Mich. Comp. Laws § 450.2101 et seq. (Act 162 of 1982) ↩
4. Mich. Comp. Laws § 559.275 (Powers of administrator) ↩
5. Cmty. Ass'ns Inst., Uniform Common Interest Ownership Act (UCIOA) (Michigan not among adopting states) ↩
6. Mich. Comp. Laws § 559.101 (Short title); Act 59 of 1978 (eff. July 1, 1978) ↩
7. Mich. Comp. Laws §§ 559.104–.105 (definitions); § 559.221 (mobile home condominium projects) ↩
8. Mich. Comp. Laws §§ 559.103–.110 (definitions) ↩
9. Mich. Comp. Laws § 559.172 (Establishment of condominium project; recording of master deed) ↩
10. Mich. Comp. Laws § 559.108 ("Master deed" defined) ↩
11. Mich. Comp. Laws § 559.154 (Bylaws; mandatory provisions; allocation of votes) ↩
12. Mich. Comp. Laws § 559.153 (Bylaws; administration; amendments; recording) ↩
13. Mich. Comp. Laws § 559.190 (Amendment of condominium documents; two-thirds vote; void provision superseded) ↩
14. Mich. Comp. Laws § 559.184a (Documents provided to prospective purchaser; disclosure statement); § 559.184 (purchase agreement and escrow; withdrawal right) ↩
15. Mich. Comp. Laws § 559.205 (Reserve fund); Mich. Admin. Code R 559.511 (10% minimum, noncumulative) ↩
16. Act 59 of 1978, amendment history (Act 538 of 1982; Act 379 of 2000; Act 283 of 2002; Act 134 of 2013, § 559.157; Act 170 of 2015, eff. Feb. 1, 2016) ↩
17. Mich. Comp. Laws § 450.2487 (records inspection); § 450.2489 (willfully unfair and oppressive conduct) ↩
18. 31 C.F.R. § 1010.380, Reports of beneficial ownership information (current text on eCFR) (ecfr.gov) (domestic-entity exemption for entities created by filing with a U.S. secretary of state or similar office). ↩
19. Hirzel Law, PLC, Is a Community Association's Board of Directors Required to Make Board Meetings Open to Association Members? (order of governing documents) ↩
20. Hirzel Law, PLC, Liability Protection (Michigan treats master deed and bylaws as contractual; citing Tuscany Grove Ass'n v. Peraino and Rossow v. Brentwood Farms Dev.) ↩
21. Mich. Comp. Laws § 559.103(1) (administrator defined); § 559.245 (complaint regarding developer); § 559.121 (initial offering) ↩
22. Mich. Comp. Laws § 559.171 (Notice of proposed action to local government, county road commission, county drain commissioner) ↩
23. Hirzel Law, PLC, Splitting Real Estate Under the Michigan Land Division Act (Mich. Comp. Laws § 560.101 et seq.; condominium projects exempt from platting requirements) ↩
24. Mich. Comp. Laws § 559.157 (Books, records, contracts, and financial statements; examination; audit or review; opt-out; $20,000 threshold) ↩
25. Mich. Comp. Laws § 450.2501 (board authority); § 450.2521 (board meetings; notice); § 450.2405 (remote member participation by default) ↩
26. Mich. Comp. Laws § 559.169 (Assessment of common expenses; contribution of co-owner) ↩
27. Mich. Comp. Laws § 559.208 (Assessment lien; priority; foreclosure; receiver) ↩
28. Mich. Comp. Laws § 559.211 (Sale or conveyance; written statement of unpaid assessments; liability) ↩
29. Mich. Comp. Laws § 559.206 (Default by co-owner; relief; fines after notice and hearing) ↩
30. Mich. Comp. Laws § 559.154(8)–(10) (arbitration on election and written consent; court petition absent consent) ↩
31. Mich. Comp. Laws § 559.215 (Action by person or association adversely affected by violation) ↩
32. Homeowners' Energy Policy Act, Mich. Comp. Laws § 559.301 et seq. (Act 68 of 2024) (signed July 8, 2024; eff. Apr. 2, 2025) ↩
33. Mich. Comp. Laws § 559.309(1) (written solar energy policy statement; deadline Apr. 2, 2026) ↩
34. Act 58 of 2025 (S.B. 23) (amending Land Division Act, Mich. Comp. Laws § 560.108) ↩
35. H.B. 5019, 2023–2024 Leg. Sess. (Mich. 2023) (amending Mich. Comp. Laws § 559.205; reserve study; did not pass) ↩
36. Woodfield Greens Condominium Ass'n v Soho Land Development, Mich. Ct. App. No. 371067 (Mar. 16, 2026) (unpublished), Michigan Courts (unbuilt units extinguished by operation of law; attorney letter cannot amend master deed) ↩
37. Charter Township of Fenton v Fenton Orchards Condominium Ass'n, Mich. Ct. App. No. 370733 (Sept. 17, 2025) (unpublished), Michigan Courts (general common elements do not make units developed) ↩
38. Triple Properties Detroit, LLC v First American Title Ins. Co., No. 25-1986 (6th Cir. Apr. 17, 2026), U.S. Court of Appeals for the Sixth Circuit (title-policy Exclusion 3(a); MCL 559.167(3) deadline) ↩
39. Janini v. London Townhouses Condo. Ass'n, No. 164158 (Mich. July 11, 2024) (5-2 majority; overruling Francescutti v. Fox Chase Condo. Ass'n) ↩
40. Neuman v. Long Lake Shores Ass'n, No. 368648 (Mich. Ct. App. Oct. 10, 2024) (unpublished per curiam) ↩