Condo And HOA Law
Unlike other states, Michigan does not have a comprehensive statute governing the creation and operation of homeowners’ associations. The Michigan Condominium Act only applies to condominium associations.
As a result, homeowners’ associations are primarily a “creature of contract,” with the association’s Declaration of Covenants, Conditions, and Restrictions being the “contract” between the owners and the Association. The Declaration is recorded with the Register of Deeds in the county where the subdivision is located. Every homeowner who purchases a lot in a subdivision that is subject to its Declaration and automatically becomes a member of the homeowners’ association.
In addition to a Declaration, a Michigan homeowners’ association is also governed by its Articles of Incorporation and often a separate set of corporate bylaws.
Our team of attorneys at Zelmanski, Danner & Fioritto, PLLC, has significant experience in representing homeowners’ associations. Legal services that we typically provide to a homeowners’ association include a collection of assessments, interpretation and enforcement of covenants and restrictions, document amendments, and general legal counsel to the association’s board of directors.