Michigan HOA Compliance
3. Compliance topics grid
1. Introduction
Michigan's common-interest framework splits between condominium projects and non-condominium homeowner associations. The Michigan Condominium Act, MCL 559.101 to 559.276, governs condominium projects.1 Non-condominium associations generally depend on recorded restrictions and nonprofit entity documents, with corporate governance supplied where applicable by the Michigan Nonprofit Corporation Act, MCL 450.2101 to 450.3192.2
LARA's Condominium Buyer's Handbook states that LARA has no authority to enforce or regulate Condominium Act provisions or condominium bylaws, and that affected persons or associations may seek relief in court.3 Civil association disputes ordinarily move through Michigan trial courts, the Michigan Court of Appeals, and discretionary review in the Michigan Supreme Court.4
Recent activity is targeted rather than a general HOA code: Act 68 of 2024 regulates HOA limits on energy improvements and solar systems, Public Act 13 of 2025 revises the Marketable Record Title Act, and pending bills address condominium reserves and undeveloped land.5
Michigan therefore sits in the national HOA landscape as a document-driven, court-enforced state rather than a centralized agency-enforcement state.6
2. Primary statute and key resources
- Michigan Nonprofit Corporation Act, Act 162 of 1982, MCL 450.2101 to 450.3192. The corporate statute many non-condominium associations use when organized as nonprofit entities.7
- Michigan Condominium Act, Act 59 of 1978, MCL 559.101 to 559.276. Governs condominium projects, co-owner associations, master deeds, bylaws, assessments, and statutory remedies.8
- Michigan Judicial Branch. The official court chart places circuit courts below the Court of Appeals and the Michigan Supreme Court in the appellate route.9
- Michigan Department of Licensing and Regulatory Affairs. LARA licenses and regulates real estate brokers and salespersons, but its condominium handbook states that it does not enforce condominium bylaws or the Condominium Act.10
- Michigan Attorney General, File a Complaint. The Attorney General accepts consumer complaints, mediates some complaints, and refers matters outside its jurisdiction to other agencies.11
4. Michigan's recent regulatory landscape
Recent Legislation
Michigan's 2024-2026 legislation runs targeted: an energy and solar policy law, Marketable Record Title Act revisions, and a pending condominium reserve-study bill.
HB 5028 · Public Act 68 of 2024 · 2023 Session
HB 5028 became Public Act 68 of 2024 and created MCL 559.301 to 559.317, which includes provisions making certain HOA agreement restrictions on energy-saving improvements and solar systems invalid or unenforceable.[12] The act also requires covered associations to adopt a written solar-energy policy statement within one year after the effective date, and it sets solar application rules.[13]
| Property managers | Energy and solar requests need a documented review workflow. |
| HOA board members | Check architectural rules for outright bans and conflicting solar standards. |
| Community association attorneys | Governing-document reviews should separate enforceable design standards from void restrictions. |
| Homeowners | Members hold a statutory path for covered energy and solar installations. |
HB 4524 · Public Act 13 of 2025 · 2025 Session
HB 4524 became Public Act 13 of 2025 and amended the Marketable Record Title Act, 1945 PA 200, MCL 565.101 et seq., including sections 1, 1a, 2, 3, 4, 5, 6, and 8, and adding section 5a.[14] The association impact is covenant durability, because older recorded restrictions and related property interests stay central to non-condominium subdivision enforcement.[15]
| Property managers | Check covenant files before assuming older restrictions remain enforceable. |
| HOA board members | Boards should budget for recording and title review when restrictions are old. |
| Community association attorneys | MRTA notices and covenant-preservation strategy need renewed attention. |
| Homeowners | Older restrictions may require title-level review, not only association records. |
HB 5784 · 2026 Session
The introduced bill would amend MCL 559.205 to modify requirements for condominium associations of co-owners to conduct reserve studies and establish reserve funding plans.[16] The introduced text includes reserve-study timing, preparer qualifications, reserve-account requirements, and annual budget notice language for covered condominium associations.[17]
| Property managers | Reserve-study calendars and vendor qualifications may need tracking if the bill becomes law. |
| HOA board members | Compare current reserve practices against the proposed statutory model. |
| Community association attorneys | Drafting should account for possible reserve-study duties in condominium documents. |
| Homeowners | Owners may receive more formal reserve disclosures if the bill advances. |
Recent Court Rulings
Michigan's appellate courts decided three condominium cases on premises liability, short-term rentals, and former-owner standing for bylaw claims.
Janini v London Townhouses Condominium Association
The Michigan Supreme Court held that a condominium co-owner is an invitee when entering common elements, and that the condominium association owes a duty of reasonable care against dangerous conditions in those common elements.[18] The ruling overruled Francescutti v Fox Chase Condominium Association and raised the premises-liability stakes for common-element maintenance.[19]
| Property managers | Snow, ice, sidewalk, and common-area logs carry higher litigation value. |
| HOA board members | Maintenance budgeting should reflect premises-liability exposure. |
| Community association attorneys | Defense analysis should focus on control and maintenance duties, not ownership alone. |
| Homeowners | Co-owners may bring premises-liability claims for common-element injuries. |
Melvin R. Berlin Revocable Trust v Rubin
The Michigan Supreme Court affirmed by equal division a Court of Appeals judgment involving Swift Estates short-term rentals, with a concurrence stating that the defendants' short-term-rental use was inconsistent with the subdivision's single-family residence purposes language.[20] The order leaves covenant text and actual rental use as central evidence in short-term-rental disputes.[21]
| Property managers | Start short-term-rental enforcement with exact covenant text and usage facts. |
| HOA board members | Document rental rules before enforcement escalates. |
| Community association attorneys | The order leaves less guidance than a majority opinion, so record facts matter. |
| Homeowners | Rental rights may turn on subdivision documents, not only local ordinances. |
Springfield v Deer Run Estates Condominium Association
The Michigan Court of Appeals held that former condominium owners had standing under MCL 559.215 to seek damages for alleged bylaw violations, and that condominium bylaws could support a breach-of-contract claim.[22] The court also allowed the owners' breach claim tied to pet-removal procedures to proceed, while rejecting selective-enforcement allegations.[23]
| Property managers | Enforcement files should show notice, hearing, and bylaw authority. |
| HOA board members | Pet and nuisance decisions need process discipline before sanctions. |
| Community association attorneys | Consider former-owner standing and bylaw contract theories in damages cases. |
| Homeowners | Sale of a unit may not end all claims tied to prior bylaw enforcement. |
Regulatory Developments
The Michigan Department of Civil Rights flagged FHA-loan reluctance by condo associations in its 2024 fair-housing report.
Michigan Department of Civil Rights
MDCR's 2024 fair-housing report recorded testimony under source-of-income discrimination that presenters reported reluctance by condo associations or other entities to accept FHA loans.[24] The report also listed support for legislation making it illegal to discriminate against buyers using FHA loans among its legislative policy suggestions.[25]
| Property managers | Resale and questionnaire practices should avoid informal financing screens. |
| HOA board members | Boards should separate document compliance from buyer-financing preferences. |
| Community association attorneys | Treat FHA-loan resistance as a fair-housing risk area. |
| Homeowners | Financing barriers may draw civil-rights attention in condominium sales. |
Active Policy Debates
Pending Condominium Act proposals place two issues on the near-term watchlist: Senate Bill 272 would modify the Act's undeveloped-land definition, and House Bill 5784 would add reserve-study and reserve-funding requirements for covered condominium associations.26 Solar policy implementation under Act 68 and covenant-preservation practices after Public Act 13 also remain active compliance topics for associations.27
5. Closing note
HOA Weekly will expand its Michigan coverage as new bills, rulings, and agency materials affect association operations. Federal frameworks — the Fair Housing Act, ADA, FDCPA, SCRA, and OTARD — also apply to Michigan associations, and related federal coverage will live at /federal/ once that section opens.28
Footnotes
- Michigan Legislature, Condominium Act, Act 59 of 1978, MCL 559.101 to 559.276 ↩
- Michigan Legislature, Nonprofit Corporation Act, Act 162 of 1982, MCL 450.2101 to 450.3192; Michigan Legislature, Marketable Record Title Act, Act 200 of 1945 ↩
- LARA, Condominium Buyer's Handbook, Preface, Rev. 10/2018 ↩
- Michigan Judicial Branch, Court organization chart, Rev. 09/07/2023 ↩
- Michigan Legislature, Homeowners' Energy Policy Act, Act 68 of 2024; Michigan Legislature, Public Act 13 of 2025; Michigan Legislature, House Bill 5784 of 2026, introduced text; Michigan Legislature, Senate Bill 272 of 2025 ↩
- LARA, Condominium Buyer's Handbook, regulatory authority statement ↩
- Michigan Legislature, Nonprofit Corporation Act, Act 162 of 1982 ↩
- Michigan Legislature, Condominium Act, Act 59 of 1978 ↩
- Michigan Judicial Branch, Court organization chart, Rev. 09/07/2023 ↩
- LARA, Real Estate Brokers and Salespersons licensing page; LARA, Condominium Buyer's Handbook ↩
- Michigan Attorney General, File a Complaint ↩
- Michigan Legislature, Homeowners' Energy Policy Act, Act 68 of 2024, index; Michigan Legislature, Homeowners' Energy Policy Act, Act 68 of 2024, PDF ↩
- Michigan Legislature, MCL 559.309, solar-energy policy statement ↩
- Michigan Legislature, Public Act 13 of 2025, House Bill 4524, Marketable Record Title Act revisions ↩
- Michigan Legislature, Marketable Record Title Act, Act 200 of 1945, MCL 565.101 et seq. ↩
- Michigan Legislature, House Bill 5784 of 2026 ↩
- Michigan Legislature, House Bill 5784 of 2026, introduced text ↩
- Michigan Supreme Court, Janini v London Townhouses Condominium Association, Docket No. 164158, decided Jul. 11, 2024 ↩
- Michigan Supreme Court, Janini v London Townhouses Condominium Association, syllabus and opinion ↩
- Michigan Supreme Court, Melvin R. Berlin Revocable Trust v Rubin, Order, No. 166228, Jul. 9, 2025 ↩
- Michigan Supreme Court, Berlin v Rubin, concurrence discussing short-term rentals and single-family residence purposes ↩
- Michigan Court of Appeals, Springfield v Deer Run Estates Condominium Association, No. 368044, Jul. 17, 2025 ↩
- Michigan Court of Appeals, Springfield v Deer Run Estates Condominium Association, breach and selective-enforcement analysis ↩
- Michigan Department of Civil Rights, No Place Like MI Home fair-housing report, Sep. 6, 2024 ↩
- Michigan Department of Civil Rights, No Place Like MI Home fair-housing report, legislative policy suggestions ↩
- Michigan Legislature, Senate Bill 272 of 2025; Michigan Senate Fiscal Agency, Senate Bill 272 analysis; Michigan Legislature, House Bill 5784 of 2026 ↩
- Michigan Legislature, Homeowners' Energy Policy Act, Act 68 of 2024; Michigan Legislature, Public Act 13 of 2025 ↩
- HUD, Fair Housing Act overview; ADA.gov, Introduction to the Americans with Disabilities Act; CFPB, Regulation F, Fair Debt Collection Practices Act; U.S. Department of Justice, SCRA guide; FCC, Over-the-Air Reception Devices Rule ↩