Michigan HOA Open Meeting Laws

If you are trying to understand Michigan HOA open meeting laws, the first question is whether your community is a traditional homeowners association, a condominium association, or an organization subject to a special statutory framework. Michigan’s general Open Meetings Act (OMA) applies to defined public bodies, not automatically to private HOA boards. The Michigan Attorney General describes the OMA as a law governing public bodies and their public meetings.

For many private Michigan HOAs, the association’s declaration, articles of incorporation, bylaws, and applicable statutes determine whether homeowners can attend board meetings and what notice must be provided. Condominium associations are different: the Michigan Condominium Act contains specific governance provisions, including meeting requirements and provisions concerning access to association records.

Direct Answer: Michigan’s Open Meetings Act does not automatically require every private HOA board to conduct open meetings. For a typical private HOA, meeting attendance, notice, and procedures are generally controlled by the governing documents and applicable corporation or condominium law. Condominium associations have additional statutory requirements under the Michigan Condominium Act.

Definition: What has the Michigan HOA Open Meeting Laws?

Michigan HOA open meeting laws are the collection of state statutes and governing-document provisions that determine whether homeowners can attend association meetings, how meetings must be called, what records members can inspect, and when an association may conduct business privately.

The important distinction is that Michigan’s Open Meetings Act is a public-government transparency statute. It should not automatically be treated as an HOA board-meeting law simply because an HOA has a board, holds elections, or manages community property.

Does the Michigan Open Meetings Act Apply to HOAs?

Generally, not to an ordinary private HOA simply because it is an HOA.

Michigan’s Open Meetings Act, MCL 15.261 et seq., requires certain public bodies to conduct their business in open meetings. The Michigan Attorney General explains that the law is intended to give the public access to governmental decision-making and requires covered public bodies to provide meeting notice, permit public attendance, and maintain minutes.

A private HOA is ordinarily a private organization rather than a governmental public body. Therefore, homeowners should not assume that the OMA’s public-meeting requirements automatically apply to their association.

Instead, the first place to look is the HOA’s own governing documents.

What Documents Should Michigan Homeowners Check?

When determining whether an HOA meeting must be open, review:

1. Declaration or covenants
2. Articles of incorporation
3. Bylaws
4. Rules and regulations
5. Board-adopted meeting policies
6. Applicable Michigan statutes
7. Any special statute under which the association was created

The governing documents can create meeting rights that are broader than the minimum requirements imposed by state law.

Michigan HOA Board Meetings: What Homeowners Can Expect

For a traditional private HOA, there is no single statewide rule that says every board meeting must be open to every homeowner.

The association’s bylaws may, however, expressly state that board meetings are open to members. If the bylaws create that right, the board generally needs to follow its own governing documents.

This creates an important practical distinction:

Situation	What Generally Controls
Governmental public body	Michigan Open Meetings Act
Traditional private HOA	Governing documents + applicable corporate law
Michigan condominium association	Michigan Condominium Act + governing documents
HOA with special statutory status	The specific statute + governing documents
Board meeting expressly made open by bylaws	The association’s bylaws
Member records request	Applicable statute + governing documents

The key point is that “not covered by the Open Meetings Act” does not necessarily mean “the board can conduct every meeting privately.” The association’s declaration and bylaws may independently establish member attendance rights.

What Does Michigan Law Require for HOA Meeting Notice?

There is no universal OMA-style notice rule that applies to every private Michigan HOA board meeting.

For a private association, meeting notice requirements may come from the bylaws, articles, declaration, or applicable statute.

For example, the Michigan Condominium Act specifically addresses meeting notice through the association’s bylaws and governance structure. MCL 559.154 is therefore important when analyzing condominium association meetings.

Why the Bylaws Matter

Suppose an HOA’s bylaws state that:

• regular board meetings occur monthly;
• members may attend regular meetings;
• special meetings require advance notice; and
• members receive notice through email or posting.

Those requirements can become part of the association’s operating rules even though the Michigan Open Meetings Act does not generally regulate the private HOA.

For that reason, homeowners should obtain the current version of the bylaws before concluding that a board violated Michigan HOA meeting requirements.

Are Michigan HOA Board Meetings Required to Be Open?

For a traditional private HOA, not necessarily.

The answer depends heavily on the association’s legal structure and governing documents. If the bylaws state that board meetings are open to members, the board should follow that provision. If the documents are silent, the analysis becomes more dependent on the association’s statutory structure and applicable Michigan law.

A Special Rule for Condominium Associations

Michigan condominium associations require separate analysis.

The Michigan Condominium Act establishes an association of co-owners and provides statutory governance requirements. The Act also addresses annual meetings, meeting notice, board governance, and access to association records.

Current secondary legal and industry sources identify MCL 559.154 as the key provision concerning condominium association meetings and board-meeting access. Because condominium documents can modify or supplement statutory procedures, owners should read the master deed and bylaws alongside the statute.

This distinction is critical: a Michigan condominium association should not automatically be treated the same way as a non-condominium HOA.

Can an HOA Hold a Closed Board Meeting in Michigan?

A private HOA may be able to conduct portions of its business privately, depending on its governing documents and applicable law.

Common reasons associations may seek confidential discussion include:

• pending or threatened litigation;
• attorney-client communications;
• individual homeowner collection matters;
• personnel issues;
• confidential contract negotiations;
• matters involving private personal information.

However, an HOA should not simply assume that labeling a meeting “executive session” makes it legally private.

The authority for closing a meeting should come from the association’s governing documents, applicable law, or another recognized legal basis.

Closed Meetings vs. Executive Sessions

These terms are often used loosely, but they are not interchangeable in every legal context.

For a public body governed by the Michigan Open Meetings Act, closed sessions are subject to specific statutory requirements and permitted purposes. The Michigan Attorney General’s current OMA handbook explains that decisions generally must be made in an open meeting even when a covered public body enters a properly authorized closed session.

Those OMA rules should not automatically be copied onto a private HOA.

A private HOA must first determine whether the OMA applies at all.

Do Michigan HOA Members Have a Right to Attend Board Meetings?

There is no universal answer for every Michigan HOA.

For a traditional HOA, examine the bylaws and declaration first. If those documents provide members with the right to attend board meetings, homeowners can generally rely on that contractual/governance provision.

For condominium associations, the Michigan Condominium Act provides additional statutory governance requirements and should be reviewed with the association’s bylaws.

What If the Bylaws Say Meetings Are Open?

That is significantly different from a situation where the bylaws are silent.

If an association’s bylaws expressly state that board meetings are open to members, the board should not treat the absence of a statewide private-HOA open-meeting statute as permission to disregard the bylaws.

The governing documents are part of the legal framework controlling the association’s operation.

Are Michigan HOA Meeting Minutes Required?

Meeting-minute requirements depend on the association’s legal structure and governing documents.

The Michigan Open Meetings Act expressly requires covered public bodies to keep minutes that are available for public inspection.

That does not mean the same OMA rule automatically applies to a private HOA.

For condominium associations, Michigan law provides important record-inspection rights. Under MCL 559.157, books, records, contracts, and financial statements concerning administration and operation of the condominium project must be available for examination by co-owners and their mortgagees at convenient times.

Therefore, homeowners should distinguish between:

• the right to attend a meeting;
• the right to receive meeting notice; and
• the right to inspect association records.

These are related but legally distinct issues.

What Records Can Michigan HOA Homeowners Request?

The answer depends on the type of association.

For Michigan condominium associations, MCL 559.157 specifically addresses examination of books, records, contracts, and financial statements concerning administration and operation of the condominium project.

For a traditional HOA, the rights may instead come from the association’s governing documents and applicable corporate law.

Michigan’s Nonprofit Corporation Act, for example, governs certain nonprofit corporations and establishes rules concerning corporate management and board authority. MCL 450.2501 provides that the business and affairs of a corporation are managed by or under the direction of its board unless otherwise provided by law or the corporation’s articles.

That is different from saying that the Nonprofit Corporation Act automatically creates a broad public right to attend every private board meeting.

What Should a Michigan HOA Do to Run Transparent Board Meetings?

Even when a particular private HOA is not subject to the Michigan Open Meetings Act, a clear meeting procedure can reduce disputes.

A practical board-meeting process includes:

1. Follow the bylaws.
   Confirm how regular and special meetings must be called.
2. Give the required notice.
   Use the notice method and timing required by the governing documents.
3. Prepare an agenda.
   Clearly identify major issues the board expects to address.
4. Separate confidential matters.
   Do not disclose private homeowner, personnel, or privileged legal information unnecessarily.
5. Record decisions accurately.
   Maintain appropriate minutes and identify motions and votes.
6. Follow quorum requirements.
   Confirm that the required number of directors is present before conducting business.
7. Preserve association records.
   Keep minutes and other required records according to the applicable law and governing documents.
8. Use consistent procedures.
   Apply the same meeting rules to similarly situated homeowners.

A transparent process is particularly useful because disputes often arise from uncertainty about what the bylaws actually require.

What Should a Homeowner Do If an HOA Holds Closed Meetings?

If you believe your Michigan HOA is improperly excluding homeowners from meetings, avoid assuming that the Open Meetings Act automatically gives you a remedy.

Instead:

Step 1: Obtain the Governing Documents

Request the current:

• bylaws;
• declaration;
• articles of incorporation;
• rules and regulations; and
• applicable meeting policies.

Step 2: Find the Meeting Provisions

Search for terms such as:

• “Board Meetings”
• “Regular Meetings”
• “Special Meetings”
• “Meetings of Directors”
• “Members”
• “Notice”
• “Quorum”
• “Executive Session”
• “Open Meetings”

Step 3: Compare the Board’s Conduct with the Documents

Create a simple comparison:

Requirement	Governing Document	Board Practice	Potential Issue
Meeting notice	Required method/time	What actually happened	Compare
Member attendance	Open or restricted	Who was admitted	Compare
Quorum	Defined number	Directors present	Compare
Special meetings	Notice procedure	Notice provided	Compare
Minutes	Required/maintained	Records available	Compare
Executive session	Defined authority	Reason for closure	Compare

Step 4: Make a Written Request

A written request is usually more useful than relying on informal conversations because it creates a clear record of what you asked for and what the association responded.

Step 5: Seek Legal Advice When the Stakes Are High

If the dispute involves litigation, significant assessments, elections, property rights, or potential enforcement action, a Michigan attorney familiar with HOA or condominium law can determine which statutes and documents actually apply.

Michigan Open Meetings Act vs. Private HOA Rules

One of the most common mistakes is treating these as the same thing.

Michigan Open Meetings Act

The OMA is designed for covered public bodies. It regulates public meetings, notice, public attendance, decision-making, minutes, and certain closed-session procedures.

Private HOA Governance

A private HOA generally operates under its governing documents and applicable private-corporation or property statutes.

That means the question is often not:

“Does Michigan have an open meeting law?”

Instead, the more precise question is:

“What law and governing documents govern this particular association?”

That distinction can completely change the answer.

Why the Association’s Legal Structure Matters

Two communities can both call themselves “HOAs” while having different legal structures.

One might be a traditional homeowners association incorporated as a nonprofit corporation. Another might be a condominium association governed by the Michigan Condominium Act. A third community could have a special statutory history that requires additional research.

For that reason, homeowners should identify the association’s legal structure before applying a general Michigan HOA rule.

The Michigan Nonprofit Corporation Act, for example, provides the framework for corporate management of covered nonprofit corporations, but that does not by itself transform a private nonprofit board into a governmental public body under the Open Meetings Act.

Frequently Asked Questions About Michigan HOA Open Meeting Laws