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HOA Law


Unlike some other states, Michigan does not have a comprehensive statute governing the creation and operation of homeowners’associations (the Michigan Condominium Act does not apply to such associations).

This means that 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 in which the Subdivision is located. Every owner who purchases a lot in a Subdivision that is subject to a Declaration of Covenants, Conditions and Restrictions takes ownership of the lot subject to the terms of the Declaration. It is commonplace in such Declarations for the purchaser to become a member of the homeowners’ association automatically upon purchasing his or her lot.

In addition to a Declaration, the typical homeowners’ association in Michigan is also governed by its Articles of Incorporation and (often) a separate set of Corporate Bylaws.

Our team of attorneys has significant experience in representing homeowners’ associations. Legal services that we would typically provide to a homeowners’ association would include collection of assessments, covenant interpretation and enforcement, document amendments, and acting as general legal counsel to the association’s Board of Directors.










 
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  Zelmanski, Danner & Fioritto, PLLC
44670 Ann Arbor Road, Suite 170
Plymouth, MI 48170
734-456-0062
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