No Michigan court has ruled on condominium records access since 2021
No Michigan court has ruled on condominium records access since 2021
2026-09-12 · Michigan · Compliance
What happened. Nothing — and for a question this contested, nothing is the story. A search of Michigan appellate output from January 2024 through today produces no decision construing MCL 559.157, the Condominium Act's records-inspection provision, or MCL 450.2487, the Nonprofit Corporation Act's parallel member-records right, in a community-association context.
Records access is among the two or three most common disputes between Michigan co-owners and their boards. Michigan's law on it has not moved in three years.
What owners are working from
The controlling authority is Bafna v Echo Valley Condominium Association, Mich Ct App No. 353785, decided 28 October 2021 and unpublished — which means, under MCR 7.215(C)(1), it is not precedentially binding on anyone.
Bafna read MCL 559.157 alongside MCL 450.2487 and required only a marginal connection between the request and how the association's dues are spent. That is a permissive standard, and it is the most owner-favourable statement Michigan has.
What the statute itself gives, and does not
MCL 559.157 entitles a co-owner to examine the association's books, records and contracts. Michigan law supplies no deadline for producing them, no cap on copying charges, and no penalty for refusal. Those three omissions are the whole practical problem, and other states have filled all three by statute.
There is no regulator, and LARA says so in writing
The Department of Licensing and Regulatory Affairs publishes a Condominium Act FAQ that states the position in terms: “LARA has no authority to take complaints or enforce any requirements of the Condominium Act regarding the actions of condominium associations.”1
LARA's role is limited to producing the Condominium Buyer's Handbook required by section 84a, distributing the Act and its administrative rules on request, and maintaining the condominium website. It does not investigate, and it cannot order production of a document.
The Attorney General has issued no formal opinion touching associations since 2019. Its Consumer Protection Team folds condominium associations into a “Landlord/Tenant” complaint category alongside mobile home parks — that category ranked sixth of the top ten in 2025, out of more than 12,000 written complaints — but a complaint is not an enforcement mechanism.
The one statutory financial-oversight hook, and its opt-out
Section 57 of the Condominium Act, MCL 559.257(2)–(3), added in 2013, requires an association with annual revenues over $20,000 to have its books independently audited or reviewed by a certified public accountant each year.
Note both softenings. It is “audited or reviewed” — a review is a materially lighter engagement. And the co-owners may opt out annually by affirmative vote, which many associations do as a routine agenda item.
So Michigan's only mandatory financial-transparency requirement for condominium associations is waivable by the same body that would benefit from it.
What an owner can actually do
- Make the request in writing, and state the purpose. Bafna's marginal-connection test is easy to meet, but only if the request says what the connection is.
- Cite both statutes. Most Michigan condominium associations are also nonprofit corporations, and MCL 450.2487 runs in parallel.
- Ask for the section 57 audit or review, and ask whether the co-owners voted to opt out. Both are answerable in one sentence and both are revealing.
- Expect to sue. There is no intermediate step. Michigan's enforcement path for a records refusal is circuit court, or arbitration where the documents require it.
What matters for a board
That the absence of a regulator is not the same as an absence of exposure. A refusal to produce documents is frequently the fact that turns an ordinary dispute into litigation with an unsympathetic factual backdrop — and Michigan trial courts have shown they will look hard at an association's records once they are in front of them. In one 2025 case a judge found an association's ledgers “not trustworthy” and its practices “deceptive,” and its foreclosure failed.
What to watch next
Nothing in Lansing. No bill in the 2025–2026 session addresses records inspection, document access, or document-fee caps. The only document-access provision in any Michigan bill this session is inside House Bill 5784, which would make a reserve study and its funding plan available to a unit owner, a prospective purchaser or a mortgagee — and that bill has never had a hearing.
Related Michigan HOA Topics
- LARA, Condominium Act Frequently Asked Questions — enforcement authority and the section 57 audit/review requirement ↩
- Michigan Department of Attorney General — published formal opinions index ↩
- AG Nessel Shares Top Consumer Complaints of 2025, 3 March 2026 — condominium associations counted within the Landlord/Tenant category ↩
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