Condominium and HOA disputes in Michigan
I am Mitchell Bisson, a Grand Rapids real estate lawyer. I have litigated for over 15 years. Disputes involving a condominium or homeowners association often start small, with a fine, an assessment, or a rule change. This page covers disputes in a condominium under the Condominium Act: assessments and liens, fines, bylaw amendments, rentals, and the board’s duties. The short answers below come from my Michigan legal library, and each links to the full answer.
Most condominium and homeowners association disputes in Grand Rapids, Kentwood, Wyoming, Walker and the rest of Kent County do not start with a lawsuit. They start with a ledger, a violation letter, a vote on an amendment, a rental restriction or a repair that nobody will make. Some are brought by an owner and some by the association. I handle condominium and homeowners association disputes in Michigan, and I start the same way on every file: with the recorded documents.
A condominium in Michigan is governed by the Condominium Act, MCL 559.101 et seq. The Act defines “condominium documents” as the master deed and any other instrument referred to in the master deed or bylaws that affects the rights and obligations of a co-owner. MCL 559.103(10). The bylaws are attached to the master deed, and the Court of Appeals reads condominium bylaws under the rules for interpreting a contract. Tuscany Grove Ass’n v. Peraino, 311 Mich. App. 389, 393 (2015). The Act covers a plan of at least two units established under it, whether the units are residential, office, industrial, business or recreational. MCL 559.104(1), (3).
A homeowners association in a plain subdivision is a different thing. It rests on recorded deed restrictions and the association’s own organizing documents, not on the Condominium Act. Which set of rules applies is the first question I answer, because it decides everything that follows.
This page explains the rules that both sides face: assessments and liens, fines, enforcement of the documents, amendments, rentals, board duties and the steps in a dispute. Nothing here predicts how your documents will be read or how a court will rule, and I do not promise outcomes. I do tell you plainly where an owner or an association is on solid ground and where it is not. I reviewed the official text of each statute section cited below in October 2026.
Michigan condominium and HOA rules and where they come from
These are the rules in the Condominium Act and the cases that apply it. How they apply depends on your master deed, bylaws, rules and recorded amendments, and on the facts.
| Issue | What the law looks at | Time limit or key rule | Authority |
|---|---|---|---|
| Unpaid assessments and the lien | Unpaid assessments, interest, collection and late charges, advances for taxes or other liens, attorney fees and fines in accordance with the condominium documents are a lien on the unit | A foreclosure may not start without a recorded notice of lien served by first-class mail at least 10 days before it starts; the redemption period is 6 months, or 1 month if the unit is abandoned | MCL 559.208(1)-(3) |
| Withholding assessments | An owner may not assert in an answer or set-off to the association’s complaint that the association did not provide services or management | Nonuse of the common elements or abandoning the unit does not exempt an owner from contributing; the remedy is a legal action against the association | MCL 559.239; MCL 559.169(4); Newport West Condominium Ass’n v. Veniar, 134 Mich. App. 1, 11, 13 (1984) |
| Fines and late charges | The condominium documents may provide for fines against co-owners after notice and hearing, and for late charges as provided in the bylaws or rules | Fines are a remedy the documents may provide, and notice and hearing come first | MCL 559.206(c) |
| Enforcing the documents | A co-owner may sue the association and its officers and directors to compel enforcement, and may sue another co-owner for an injunction or damages | Costs and attorney fees go to the side that prevails only to the extent the documents expressly so provide | MCL 559.207; MCL 559.206(a)-(b) |
| Amending the master deed or bylaws | An amendment may materially change co-owners’ rights with the consent of at least 2/3 of the votes of the co-owners and mortgagees, and the documents cannot require more | An amendment to the bylaws or other recorded document is not effective until recorded; co-owners must be notified at least 10 days before recording | MCL 559.190(2), (5); MCL 559.153; MCL 559.191(1) |
| Rentals | After the transitional control date the association may amend the documents on rentals, but not so as to affect a compliant written lease signed before the amendment | The owner gives the association written notice at least 10 days before presenting a lease or granting possession, with a copy of the exact lease | MCL 559.212(1)-(2) |
| Arbitration of disputes | The bylaws must provide for binding arbitration of disputes over the documents or between co-owners, on the election and written consent of the parties | Without that election either side may petition a court; the arbitration subsections apply only to projects established on or after the effective date of the amendatory act that added them | MCL 559.154(8)-(11) |
| Books and records | The books, records, contracts and financial statements of the project are available for examination by co-owners and their mortgagees at convenient times | If the association is a nonprofit corporation organized on a membership basis, a member can demand inspection in writing and apply to the circuit court if it is not allowed within 5 business days | MCL 559.157(1); MCL 450.2487(2)-(3) |
What each side has to follow and show
Everyone follows the documents. Each co-owner, tenant or non-owner occupant must comply with the master deed, bylaws, rules and regulations and the Act. MCL 559.165. When a co-owner defaults, the association may seek relief that includes damages, injunctive relief, foreclosure of the lien if the default is in payment of an assessment, or any combination. MCL 559.206(a). Actions on behalf of and against the co-owners are brought in the name of the association. MCL 559.160. A person or association adversely affected by a violation of the Act, rules under it, an agreement or a master deed may bring an action for relief, and the court may award costs to the prevailing party. MCL 559.215(1).
The lien notice. A notice of lien has to set out the legal description of the unit, the name of the co-owner of record and the amounts due at the date of the notice, exclusive of interest, costs, attorney fees and future assessments. It must be in recordable form, executed by an authorized representative of the association, recorded with the register of deeds and served by first-class mail to the owner’s last known address at least 10 days before the foreclosure starts. MCL 559.208(3). The association may foreclose by action or by advertisement, and it may sue for a money judgment without foreclosing or waiving the lien. MCL 559.208(1), (5).
Fines. The Act lets the documents provide for fines against co-owners after notice and hearing. MCL 559.206(c). Because fines can become part of the lien under MCL 559.208(1), even a small one matters. If you get a violation letter, I want the provision relied on, the date and place of the hearing and the evidence.
Amendments. The 2/3 figure is measured against all co-owners entitled to vote as of the record date. Each mortgagee has one vote for each mortgage held, and mortgagee ballots not returned within 90 days of mailing count as approval. MCL 559.190(2), (8). Some changes need more. The method for setting percentages of value for purposes other than voting cannot change without the consent of each affected co-owner and mortgagee, and a co-owner’s unit dimensions or limited common elements cannot be modified without that co-owner’s consent. MCL 559.190(4). An amendment that does not materially alter rights can skip the vote only if the documents reserve that power. MCL 559.190(1). In Highfield Beach at Lake Michigan v. Sanderson, the Court of Appeals held that a bylaw amendment attempted in 2008 never became operative because it was never recorded, and it also held that a 2016 amendment adopted with the consent of two-thirds of the co-owners and mortgagees, which required a minimum four-month rental term, was enforceable against the owner. 331 Mich. App. 636 (2020).
Defenses and answers I look at
What I look at depends on which side I am advising. These are the points that come up most often.
For an owner facing a charge, a fine or a lien. I compare every charge on the ledger to the provision in the documents that authorizes it, because the lien covers fines and attorney fees only “in accordance with the condominium documents,” the phrase the statute uses. I check whether the lien notice was recorded and served as the statute requires, because a foreclosure proceeding may not be commenced without it. MCL 559.208(1), (3). I check whether a fine followed notice and a hearing, and whether the rule or amendment behind it was adopted and recorded properly.
What does not work as a defense. An owner cannot withhold assessments because the association is not doing its job. The Act bars asserting the association’s failure to provide services or management in an answer or as a set-off. MCL 559.239. In Newport West, the Court of Appeals said the Condominium Act gives a co-owner no self-help remedy of withholding assessed fees and that the owner’s remedy for the association’s violations is legal action against the association under MCL 559.207. 134 Mich. App. 1, 11, 13 (1984). The owner who is owed repairs keeps paying and brings a separate claim.
Whether the association had authority to act. In Tuscany Grove, the bylaws barred the board from incurring any expense or legal fees for litigation without approval from a supermajority of co-owners, with an exception for collecting delinquent assessments. The Court of Appeals held the board lacked authority to file suit against an owner to enforce fencing restrictions, and it affirmed summary disposition for the owner. 311 Mich. App. 389, 394-395 (2015). Before an association files, I read its bylaws for any vote or approval it needs first.
For an association facing a claim. I read the claim against the documents and against the Act. The Act lets an owner sue the association and its officers and directors to compel enforcement of the documents, so I look for the provision the owner says is not being followed. MCL 559.207. I also look at the owner’s own compliance under MCL 559.165 and any arbitration step in the bylaws.
Acquiescence. An association or owner who let earlier violations go may face a waiver argument. I build a timeline of who knew what, when, and how other units were used.
Remedies, fees and what a judgment can do
Damages, injunctions and foreclosure. For a default the association may seek damages, injunctive relief, foreclosure of an assessment lien, or any combination. MCL 559.206(a). A co-owner who sues another co-owner for noncompliance with the documents or the Act may seek an injunction, damages, or both. MCL 559.207.
Attorney fees depend on the documents. In a proceeding over an alleged default, and in a co-owner’s action to compel enforcement, the association or co-owner that prevails recovers costs and reasonable attorney fees as determined by the court only to the extent the condominium documents expressly so provide. MCL 559.206(b); MCL 559.207. In a foreclosure of the lien, the association is entitled to reasonable interest, expenses, costs and attorney fees to the extent the documents provide. MCL 559.208(2). In Highfield Beach, the association had argued that fees were authorized by MCL 559.206(b) and the bylaws, and the Court of Appeals held it was entitled to an award of attorney fees and costs. 331 Mich. App. 636 (2020). Read the fee clause in your bylaws first, because it can cut either way.
The cost of waiting on an assessment. The owner of a unit being foreclosed, and any purchaser, grantee, successor or assignee of the owner’s interest, is liable for assessments that come due before the redemption period expires, with interest, advances for taxes or other liens, costs and attorney fees. MCL 559.208(8). On a sale, unpaid assessments, interest, late charges, fines, costs and attorney fees are paid out of the sale price or by the purchaser in preference over other assessments or charges, except taxes and special assessments due on the unit and payments due under a prior first mortgage, and a buyer who asks at least 5 days before sale for a written statement of the amounts owed is not liable for more than that statement shows. MCL 559.211.
Board duties, records and the limits on a board’s authority
What the Act requires of the association. The bylaws must provide for persons to administer the project and require them to keep books and records with a detailed account of expenditures and receipts, and they must require an annual financial statement to each owner. MCL 559.154(1), (5). The association must maintain a reserve fund for major repairs and replacement of common elements. MCL 559.205. It must keep current copies of the master deed, amendments and other condominium documents available at reasonable hours to co-owners, prospective purchasers and prospective mortgagees. MCL 559.168. The books, records, contracts and financial statements are open to examination by any co-owner and mortgagee at convenient times. MCL 559.157(1).
The standard for directors. An association is often organized as a nonprofit corporation. The association in Tuscany Grove was one, incorporated as a nonprofit corporation under the Nonprofit Corporation Act. Under that Act, a director or officer must discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes is “in the best interests of the corporation.” A director may rely on information from legal counsel and other professionals on matters within their competence unless the director knows of something that makes the reliance unwarranted. MCL 450.2541(1)-(3). The Condominium Act also requires the bylaws to include an indemnification clause for the board that requires 10 days’ notice to co-owners before payment and excludes indemnification for willful and wanton misconduct and gross negligence. MCL 559.154(6).
Rentals, accessibility changes and deed restrictions
Rental limits. Before the transitional control date, the developer’s recorded documents control rentals. After it, the association may amend the documents on rentals or terms of occupancy. If the association decides a tenant has violated the documents, it must notify the owner by certified mail, and the owner has 15 days after receipt to investigate and correct the breach or say that no violation occurred. If the association believes the breach is not cured or may be repeated, it may sue for eviction of the tenant and, at the same time, for money damages against the owner and the tenant, and the relief may be by summary proceeding. MCL 559.212(1), (3)-(4). In Highfield Beach, the owner had signed a 15-year property management agreement that allowed short-term rentals, and the Court of Appeals held it was a property management agreement and not a lease, so the exception in MCL 559.212(1) did not protect it from the later bylaw amendment. 331 Mich. App. 636 (2020). A document that is called a lease may not be treated as one.
Exterior changes and accessibility. Unless the documents allow it, a co-owner may not change the exterior appearance of a unit or any other part of the project. MCL 559.147(1). A separate section lets an owner, at the owner’s expense, make improvements to the unit, the common elements and the route from the public way to the door to facilitate access for persons with disabilities who live in or regularly visit the unit, despite restrictions in the documents. The owner submits plans first, and the association may not deny a proposal without good cause and must approve or deny within 60 days. If it does not act within 60 days, the owner may proceed, and the owner may sue the association to compel compliance after a denial. MCL 559.147a(1), (4).
Subdivision HOAs. In a plain subdivision, the power to change the recorded restrictions comes from the amendment clause in the recorded declaration, not from the Condominium Act. The first step is to read that clause for the voting threshold and the recording requirement.
How I handle a condominium or HOA dispute
- Get the documents. I collect the master deed, bylaws, rules, every recorded amendment, the plat or subdivision plan and the association’s articles. I pull recorded versions from the register of deeds and do not rely on a copy someone emailed.
- Decide which rules apply. I confirm whether the property is a condominium under the Act or a subdivision governed by recorded restrictions, and whether control has passed from the developer.
- Read the ledger and the paper trail. For a money dispute I compare each charge to the provision that authorizes it, the budget and the notices. For an enforcement dispute I read the violation letters, hearing notices, minutes and prior treatment of similar violations.
- Check the steps and deadlines. I check lien notice, notice and hearing, amendment votes and recording, any approval a board needs before it sues, and any arbitration or dispute step in the bylaws.
- Put the position in writing. I send or answer a demand that identifies the provision involved, the amount or the violation, and what is being asked for.
- File or defend. If it goes to court, I prepare the complaint or the answer, state the defenses the facts support, and, where the case turns on the documents, prepare discovery and any motion for summary disposition around the exact words.
- Keep the cost in view. Because fee shifting depends on the documents, I tell you at the start what the fee clause says and what a dispute could cost.
Ways a condominium or HOA dispute may end without a trial
Whether any of these is available depends on the facts, the documents and the other side. None is automatic.
A payment plan or settlement. Many assessment disputes end with a signed payment plan, a release of the lien notice or a stipulated resolution. It should state the amount, the due dates, what happens on default and what is released, including fines, late charges and fees.
Arbitration. If the parties have elected arbitration under the bylaws, the dispute is resolved there and the parties may not petition the courts on it. MCL 559.154(8)-(10).
Summary disposition. If the documents and the statute answer the question, a judge can decide it on motion under MCR 2.116. Highfield Beach and Tuscany Grove were both decided on summary disposition.
Case evaluation or mediation. The court rules provide for case evaluation under MCR 2.403 and for mediation under MCR 2.410 and 2.411, and a court may order them before trial.
What I need from you
Bring the master deed, bylaws, rules and every amendment you have, and tell me where you got each copy. Bring your ledger, assessment notices, violation letters, hearing notices, lien notices and the emails and letters between you and the other side. If you rent the unit, bring the lease and any notice you gave the association. If you are the association or a board member, bring the board minutes and the resolutions behind the charge or rule. If you have been sued, bring the summons and complaint and note the date and manner of service, because your answer deadline runs from service. Do not ignore a lien notice or a hearing notice, do not alter or delete records, and do not sign a payment plan, release or arbitration election until it has been read against the documents.
Where your Kent County condominium or HOA case will be heard
I represent clients in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. Under MCL 600.8301(1), the district court has exclusive jurisdiction in civil actions when the amount in controversy does not exceed $25,000. Kent County district courts include the 61st District Court in Grand Rapids, the 59th in Walker and Grandville, the 62A in Wyoming, the 62B in Kentwood and the 63rd for Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. Larger claims are filed in the Kent County Circuit Court, the 17th Judicial Circuit. A member’s application to compel inspection of an association’s records goes to the circuit court for the county where the corporation’s principal place of business or registered office is located. MCL 450.2487(3). If the bylaws send the dispute to arbitration and the parties have elected it, the case may be heard there instead.
Why people hire me for a Michigan condominium or HOA matter
You work directly with me, the lawyer handling your dispute. I give you the strengths and weaknesses of your position straight, including what it could cost you and what it could protect or recover. I act on what the facts and the documents support, and then we decide together how to proceed.
Fees depend on the type of work, its complexity and whether a dispute is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people in a condo or HOA dispute in Michigan
Can my condominium association foreclose on my unit for unpaid assessments?
Yes, if the condominium documents and MCL 559.208 are followed. Unpaid assessments, interest, late charges, and, under the documents, fines and attorney fees are a lien on the unit. The association must record a notice of lien and mail it at least 10 days before starting foreclosure. The redemption period is 6 months, or 1 month if abandoned.
Can I stop paying my condominium assessments until the association makes the repairs it owes me?
No. MCL 559.239 says a co-owner may not assert, in an answer or set-off to the association’s complaint for unpaid assessments, that the association failed to provide services or management. MCL 559.169(4) adds that nonuse of the common elements or abandoning your unit does not exempt you from contributing. Your remedy is a legal action against the association, not withholding payment.
Can my condominium association fine me, and what process does it have to follow?
Only as the condominium documents allow. MCL 559.206(c) lets the documents provide for levying fines against co-owners after notice and hearing, along with late charges for nonpayment of assessments as provided in the bylaws or rules. Without a fine provision in the master deed, bylaws, or rules, an association has less basis to fine. The notice and hearing requirement is in the statute itself.
Can my condominium association change the bylaws or master deed after I buy, and how many owners have to approve?
Yes. Under MCL 559.190(2), the master deed, bylaws, and subdivision plan can be amended, even if the change materially alters co-owners’ rights, with the consent of at least 2/3 of the votes of the co-owners and mortgagees, and the documents cannot require a higher percentage. A change that does not materially alter anyone’s rights can skip the vote only if the documents reserve that power. A bylaw amendment is inoperative until recorded (MCL 559.153).
Can my condominium association restrict rentals, and what must I tell it before I rent out my unit?
Yes, within limits. After the developer’s transitional control date, the association may amend the condominium documents on rentals, but not so as to affect a written lease that complied with the statute and was signed before the amendment (MCL 559.212(1)). Before presenting a lease or granting possession, you must give the association written notice at least 10 days ahead, along with a copy of the exact lease.
Do I have to go to arbitration or mediation before I can sue my condominium association or another owner?
Not by statute alone. MCL 559.154(8) requires the bylaws to provide for binding arbitration of disputes over the condominium documents or between co-owners, but only upon the election and written consent of the parties. Without that election, either side may petition a court (MCL 559.154(9)). Once parties elect arbitration, they cannot go to court on that dispute. These subsections apply only to projects established on or after the amendatory act that added them.
Can my condominium association stop me from building a ramp or other change to make my unit accessible?
Not without good cause. MCL 559.147a lets a co-owner, at the co-owner's expense, make improvements to the unit, common elements, and the route from the public way to the door to facilitate access for persons with disabilities who live in or regularly visit the unit, despite restrictions in the documents. You submit plans first, and the association must approve or deny within 60 days. If it does not act in 60 days, you may proceed.
Can I sue my condominium association if it will not enforce the rules or maintain the common elements?
Yes. MCL 559.207 lets a co-owner maintain an action against the association and its officers and directors to compel them to enforce the terms and provisions of the condominium documents. A co-owner may also sue another co-owner for injunctive relief or damages for noncompliance with the condominium documents or the Condominium Act.
Related Michigan pages
- Grand Rapids Real Estate Attorney
- Grand Rapids Boundary and Easement Dispute Lawyer
- Easements and private roads
- Deeds and title defects
- Deed restrictions and subdivision HOAs: fences, rentals, businesses and restrictions that run with the land
- Breach of contract
I handle condominium and homeowners association disputes in Michigan. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
Big-Firm Power. Street-Level Grit.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.