Michigan HOA Rules and Regulations

Michigan HOA rules and regulations can affect everything from exterior home improvements and parking to assessments, property maintenance, architectural restrictions, and the use of common areas. However, Michigan does not rely on one comprehensive statute that governs every homeowner association. Instead, the rules affecting a particular HOA can come from its recorded covenants and restrictions, declaration, bylaws, articles of incorporation, applicable Michigan statutes, condominium law where applicable, and federal and state housing laws.

For homeowners, the most important document is often the association’s governing documents because those documents establish the community-specific restrictions, assessment obligations, voting procedures, architectural requirements, and enforcement mechanisms. Michigan’s Nonprofit Corporation Act can also apply when an HOA is organized as a nonprofit corporation.

Definition: Michigan HOA Rules

Michigan HOA rules are the restrictions, procedures, and obligations that govern property owners within a homeowner association. They may regulate property appearance, maintenance, assessments, parking, pets, rentals, architectural changes, common areas, and other community matters, subject to applicable law and the association’s governing documents.

Does Michigan Have a Statewide HOA Law?

One of the most important things to understand about Michigan HOA laws is that there is not a single broad “Michigan HOA Act” that establishes every rule for traditional homeowner associations.

Instead, an HOA’s authority may be based on several sources:

Source	What It May Govern
Declaration / CC&Rs	Property restrictions, assessments, use restrictions and obligations
HOA Bylaws	Board structure, elections, voting and internal governance
HOA Rules	Day-to-day community requirements
Articles of Incorporation	Legal structure and corporate purposes
Michigan Nonprofit Corporation Act	Corporate governance where applicable
Michigan Condominium Act	Condominium associations and condominium projects
Federal housing laws	Fair housing and disability-related protections
Michigan statutes	Specific statewide restrictions or protections

The Michigan Nonprofit Corporation Act contains provisions concerning membership, voting, bylaws, meetings and board management for nonprofit corporations. Whether and how particular provisions apply depends on the association’s legal structure and governing documents.

This means that two HOA communities located only a few miles apart can legitimately have different rules regarding architectural changes, pets, parking, rentals, landscaping or other property uses.

What Documents Control a Michigan HOA?

If you are trying to determine whether an HOA rule is enforceable, start with the documents that actually govern your property.

1. Declaration and CC&Rs

The declaration, often called covenants, conditions and restrictions or CC&Rs, is one of the most important documents in an HOA community.

It can establish restrictions concerning:

• Exterior modifications
• Landscaping
• Fences
• Parking
• Recreational vehicles
• Property maintenance
• Rentals
• Pets
• Signs
• Noise
• Assessments
• Common areas

Because these restrictions can be recorded against the property, they may continue to affect future owners.

2. HOA Bylaws

Bylaws generally address how the association operates rather than regulating every detail of an individual property.

They may cover:

• Board elections
• Director responsibilities
• Membership
• Voting
• Meetings
• Quorum requirements
• Officer positions
• Amendments
• Association procedures

Michigan’s Nonprofit Corporation Act addresses corporate meetings, voting and board management for covered nonprofit corporations.

3. Rules and Regulations

An HOA may also adopt community rules dealing with practical issues such as:

• Parking
• Trash containers
• Pool uses
• Clubhouse use
• Common-area behavior
• Guest policies
• Landscaping
• Recreational facilities

However, an HOA rule should be evaluated against the declaration, bylaws and applicable law. A board-created rule does not automatically override a higher-level governing document or controlling statute.

What Can Michigan HOAs Regulate?

The exact authority varies by community, but Michigan HOA restrictions commonly address the use and appearance of residential property.

Exterior Changes

An HOA may have architectural-control procedures requiring homeowners to obtain approval before making certain changes.

Examples include:

• New fences
• Sheds
• Decks
• Exterior paint
• Roofing materials
• Landscaping changes
• Driveways
• Solar equipment
• Additions

Before starting a project, homeowners should determine whether the declaration or architectural guidelines require written approval.

Parking and Vehicles

Community documents may contain restrictions concerning:

• Overnight parking
• Guest parking
• Commercial vehicles
• Recreational vehicles
• Trailers
• Boats
• Inoperable vehicles
• Parking on lawns

The exact restriction depends on the governing documents and any applicable state or local law.

Pets and Animals

Some Michigan communities have rules concerning:

• Number of pets
• Types of animals
• Weight limits
• Leashes
• Nuisance behavior
• Waste removal

Pet restrictions, however, cannot simply be applied without considering applicable disability and fair-housing protections.

Rentals

Some Michigan HOAs restrict leasing or impose requirements concerning rental properties.

A homeowner considering renting out a property should check:

1. The declaration.
2. HOA bylaws.
3. Rental amendments.
4. Current HOA rules.
5. Applicable state and federal law.
6. Any local rental requirements.

Are Michigan HOA Rules Required to Be Reasonable?

“Reasonable” is important, but homeowners should not assume that every unpopular rule is automatically invalid.

An association’s authority generally depends on the governing documents, applicable statutes, corporate structure and the particular facts involved.

Michigan’s Nonprofit Corporation Act, for example, provides that certain rules governing membership must be reasonable, germane to the corporation’s purposes, and equally enforced as to members.

That does not mean every HOA restriction must satisfy the same test. A dispute may depend on the language of the declaration, whether the board acted within its authority, whether the rule conflicts with statute, and whether the rule was properly adopted and enforced.

Michigan HOA Fees and Assessments

HOA assessments are one of the most important financial obligations for homeowners.

Depending on the governing documents, assessments may pay for:

• Common-area maintenance
• Landscaping
• Snow removal
• Insurance
• Community amenities
• Repairs
• Management
• Reserve funding
• Other association expenses

The declaration and other governing documents should be reviewed to determine how assessments are calculated and what remedies the association has when an owner fails to pay.

Can an HOA Put a Lien on a Property?

The answer depends significantly on the type of community and the legal documents involved.

For condominium associations, Michigan’s Condominium Act specifically provides for assessment liens and establishes procedures concerning recording notice of lien and foreclosure. The statute also addresses unpaid assessments, certain charges, attorney fees and fines when authorized by the condominium documents.

Traditional homeowner associations may involve different legal mechanisms based on recorded restrictions and other applicable law. Homeowners facing a lien or threatened foreclosure should review the specific documents and obtain legal advice rather than assuming condominium rules automatically apply to a non-condominium HOA.

Can a Michigan HOA Charge Fines?

An HOA may have authority to impose fines when that authority is supported by the governing documents and applicable law.

Before challenging or paying an HOA fine, homeowners should check:

• What provision allegedly was violated?
• Does the declaration authorize enforcement?
• Do the bylaws or rules establish a fine procedure?
• Was proper notice provided?
• Was the rule properly adopted?
• Has the rule been consistently enforced?
• Does another state or federal law affect the situation?

For condominium communities, Michigan law expressly references fines in the context of condominium assessment liens when authorized by the condominium documents.

For a traditional HOA, the analysis may be different.

Michigan HOA Rules and Solar Panels

Solar installations are an important area of Michigan HOA law.

Michigan enacted the Homeowners’ Energy Policy Act, 2024 PA 68, which became effective April 2, 2025. The law addresses certain HOA restrictions involving energy-saving improvements and solar energy systems. The statute defines energy-saving improvements to include items such as air-source heat pumps, ground-source heat pumps, insulation and rain barrels.

This is particularly important because older HOA documents may contain restrictions that do not reflect later changes in Michigan law.

Homeowners considering solar panels or other covered energy improvements should therefore check both the community’s governing documents and the current Michigan statute before relying on an older HOA rule.

Can an HOA Enforce an Old or Prohibited Restriction?

Not necessarily.

Michigan has enacted the Discharge of Prohibited Restrictive Covenants Act, which provides a process for removing certain prohibited restrictions from deeds and other instruments affecting property governed by homeowners or property owner associations.

Under the law, an HOA board can, by simple majority vote, record a discharge form for a prohibited restriction. A property owner may also have statutory authority to record a discharge form in certain circumstances.

This is important when researching older subdivisions because historical restrictions may not always remain legally enforceable merely because they appear in an old document.

Michigan HOA Rules and Fair Housing

An HOA cannot use community rules as a way to circumvent fair-housing protections.

Michigan’s housing authorities explain that Michigan and federal law prohibit housing discrimination based on protected characteristics. Michigan’s protections include characteristics such as race, color, religion, sex, national origin, disability, familial status, age, marital status, sexual orientation, gender identity or expression, and height and weight, among others identified by the state.

Disability-related requests deserve particular attention. Housing providers may have obligations concerning reasonable accommodations and reasonable modifications, and the specific legal requirements depend on the circumstances.

Example

Suppose an HOA has a general “no animals” rule. That does not necessarily mean an association can reject a legitimate disability-related request for an assistance animal.

Similarly, an HOA should not enforce architectural, parking, occupancy or other rules differently because of a protected characteristic.

What Should You Do If You Disagree with a Michigan HOA Rule?

If you believe an HOA rule is unfair, improperly adopted or incorrectly enforced, avoid immediately escalating the dispute.

A practical approach is:

1. Find the exact rule. Ask the HOA for the specific provision it claims you violated.
2. Read the declaration. Determine whether the board has authority for the restriction.
3. Review the bylaws. Check procedures for board decisions, voting and amendments.
4. Request documents. Obtain the relevant rule, amendment, notice or enforcement record.
5. Check state law. Determine whether Michigan law limits the restriction.
6. Respond in writing. Keep communications factual and organized.
7. Look for an internal appeal process. Your governing documents may provide one.
8. Seek legal advice when necessary. This is particularly important if a lien, foreclosure, substantial assessment or lawsuit is involved.

The key is to challenge the legal basis of the rule rather than simply arguing that the rule is inconvenient.

Michigan HOA Rules vs. Condominium Rules

Homeowners frequently use “HOA” and “condo association” interchangeably, but the legal framework can be different.

Issue	Traditional Michigan HOA	Michigan Condominium Association
Primary governing documents	Declaration, covenants, bylaws and rules	Master deed, bylaws and condominium documents
State-specific statute	Depends on association structure and applicable laws	Michigan Condominium Act
Assessment liens	Depends on governing documents and applicable law	Specifically addressed by Condominium Act
Architectural restrictions	Commonly addressed in declaration/rules	Commonly addressed in condominium documents
Board governance	May involve nonprofit corporation law	Condominium Act + corporate documents/law
Enforcement	Depends on documents and law	Condominium Act and condominium documents
Community-specific rules	Yes	Yes

Michigan’s Condominium Act specifically regulates condominium projects and associations of co-owners, including assessment liens and enforcement of condominium documents.

Therefore, a homeowner should first identify whether the property is part of a traditional HOA, condominium project, or another form of community association.

How to Check Your Michigan HOA Rules Before Buying a Home

Prospective buyers should investigate HOA restrictions before closing, not after moving in.

Review these documents:

• Declaration or CC&Rs
• HOA bylaws
• Rules and regulations
• Architectural guidelines
• Recent amendments
• Assessment schedule
• Pending special assessments
• Recent violation notices when available
• Rental restrictions
• Parking restrictions
• Pet restrictions
• Current litigation or significant disputes, where disclosed
• Community financial information, where available

Why this matter?

A buyer may discover after closing that the community restricts something they consider important, such as renting the property, keeping a particular vehicle, installing a fence, modifying landscaping, or making a specific exterior improvement.

The purchase decision should therefore be based on the actual governing documents, not simply on what a seller, neighbor or listing description says.

What Michigan Homeowners Should Keep in Their Records

Good documentation can make an HOA dispute much easier to understand.

Keep copies of:

• HOA declarations
• Bylaws
• Rules
• Architectural applications
• Approval letters
• Violation notices
• Fine notices
• Assessment statements
• Payment records
• Emails with the board
• Meeting notices
• Meeting minutes when provided
• Photographs of disputed property conditions

If a dispute eventually reaches an attorney, mediator or court, having a chronological record can be significantly more useful than relying on memory.

Michigan HOA Rules: A Practical Homeowner Checklist

Before taking an action on an HOA issue, ask:

• What exact rule applies?
• Where is the rule written?
• Who adopted the rule?
• Does the declaration authorize it?
• Was the rule properly adopted?
• Does Michigan law limit or override it?
• Has the HOA enforced the rule consistently?
• Could fair-housing law apply?
• Is this a traditional HOA or condominium association?
• Is there an appeal or dispute procedure?

This checklist is especially useful for disputes involving fines, architectural approvals, parking, pets, rentals, assessments and property maintenance.

Frequently Asked Questions About Michigan HOA Rules and Regulations