How do I dispute an HOA assessment or fine in Michigan?

Michigan condo owners have detailed statutory protections, but HOAs in platted subdivisions are governed almost entirely by the recorded restrictions.

1. Governing Statute

Condominiums: Michigan Condominium Act, Mich. Comp. Laws §§ 559.101 through 559.276, with Administrative Rules at Mich. Admin. Code R 559.101 et seq.

Site condominiums (single-family attached or detached on condo lots) fall under the Condominium Act.

Subdivision HOAs: governed by recorded deed restrictions and general property law; no comprehensive statute.

2. CC&Rs and Bylaws

The Master Deed, Condominium Bylaws, and any rules together control. Amendments require the percentage of co-owner votes specified in the bylaws (typically 2/3) plus mortgagee consent for material changes (§ 559.190).

3. Common Disputes

Architectural and exterior modifications, landscape, parking, pets, rental restrictions (Cherry Knoll Site Condo. Ass'n v. Davis, unpublished — restrictions enforceable if in bylaws or properly amended), assessment increases (board may increase as needed to meet budget — § 559.205), fines and late fees authorized by bylaws.

4. Internal Dispute Resolution

Before recording a lien for unpaid assessments, the association must give the co-owner at least 10 days' written notice of the delinquency (§ 559.208). Most condo bylaws and HOA declarations require notice of an alleged violation and an opportunity to be heard before a fine. Michigan courts apply general due process expectations.

5. Alternative Dispute Resolution

ADR is not statutorily mandated, but many condo bylaws and Michigan Supreme Court Administrative Order on Civil Mediation (MCR 2.411) push parties to mediate. Arbitration clauses are enforced under the Uniform Arbitration Act (MCL § 691.1681 et seq.).

6. Lien & Foreclosure

The association has a statutory lien for unpaid assessments, late charges, fines, costs, and attorney's fees (§ 559.208). After 10 days' notice and demand, the association may record a Notice of Lien. The lien may be foreclosed by advertisement under MCL § 600.3201 (the same nonjudicial procedure as a mortgage) or by judicial action. Co-owner has the standard 6-month statutory redemption period (§ 600.3240). The condo lien is junior to a first mortgage; no UCIOA super-lien.

7. Open Meeting & Record Inspection

Board meetings are open to co-owners except for limited executive session (typically per bylaws). Co-owners have inspection rights over books and records (§ 559.157) and may demand audit if 1/3 of co-owners request.

8. Statutory Caps

Solar panels are not explicitly protected by state statute, though federal HUD guidance limits unreasonable restrictions. Satellite dishes (federal OTARD), flag display (federal Freedom to Display Act), service/assistance animals (federal FHA and Michigan Persons with Disabilities Civil Rights Act).

9. Lawsuit Remedies

Declaratory judgment (MCR 2.605), injunction, breach of fiduciary duty (§ 559.165 — directors must exercise the care an ordinarily prudent person would exercise), and prevailing-party attorney's fees when the bylaws or condominium documents authorize (§ 559.206(b)).

This is legal information, not legal advice.