While you can't refuse to join one, there are plenty of constructive ways to voice your concerns and seek change if you find yourself at odds with a mandatory HOA. Here's what you can do: Review Governing Documents: Start by pulling out the HOA's Covenants, Conditions, and Restrictions (CC&Rs) and other bylaws.
First, the individuals or parties desiring the change will propose an amendment, and then a vote takes place on whether to approve the proposed change. The voters will include the co-owners and mortgagees of properties within the association. For the amendment to pass, there must be a two-thirds approval vote.
Any changes to the Articles of Incorporation or the bylaws must be documented in the county in which the community is located.
Section 57 of the Act provides that all books, records, contracts, and financial statements concerning the administration and operation of the inium project shall be available for examination by any of the co-owners at convenient times.
Under the newly enacted Homeowners' Energy Policy Act (the “Act”), signed into law by Gov. Gretchen Whitmer on July 8, 2024, HOAs can no longer prohibit unit owners/homeowners from installing a wide range of energy-efficient upgrades.
AN ACT to invalidate certain provisions in homeowners' association agreements that prohibit the replacement, maintenance, installation, or operation of certain energy-saving improvements or modifications or the installation of solar energy systems; to provide for the adoption of certain policy statements; to prescribe ...
In Michigan, HOAs have the power to: Collect payments for shared expenses. Upkeep and regulation of common areas. Levy reasonable fines.
Starting in 2025, Michigan employers and employees will experience significant changes to the state's employment laws. These changes include increases to the minimum wage, implementation of the Earned Sick Time Act (ESTA), and changes to unemployment benefits.
To the extent an HOA's activities implicate any consumer protection statutes, the HOA is subject to the enforcement power of the Michigan Attorney General. Importantly, homeowners' associations are bound by its governing documents (Bylaws, Declaration, Articles of Incorporation).