Michigan HOA Laws 2026: Michigan Condominium Act (MCL § 559.101) & Planned Community Rules

Michigan's Condominium Act (MCL §§ 559.101 through 559.276) is the primary statute for Michigan condominiums. Planned community HOAs operate under their CC&Rs and Michigan Nonprofit Corporation Act (MCL § 450.2101). Michigan is notable for having a robust developer control period statute and detailed provisions around the transition of control to homeowners.

Michigan Condominium Act: Scope and Coverage

The Michigan Condominium Act applies to all condominium projects in the state. It establishes the legal framework for: the master deed and bylaws, unit co-owner rights, the condominium association, assessment authority, lien rights, and the transition of developer control to co-owners. The Act specifically defines "co-owners" (the Michigan term for unit owners/members) and "general common elements."

Developer Control Transition

Michigan's Act has detailed provisions for when developers must relinquish control of the condominium association to co-owners (MCL § 559.190). Transition occurs when: (1) 75% of the units have been conveyed to co-owners, or (2) 3 years after the first unit was conveyed, whichever comes first. Many Michigan condominium disputes arise during this transition period.

Assessment Liens in Michigan

Michigan condominiums have a statutory lien for unpaid assessments (MCL § 559.208). The lien is recorded with the Register of Deeds and has priority over all other liens except first mortgages and certain tax liens. Michigan allows judicial foreclosure of condominium assessment liens. For planned community HOAs, lien rights depend on the CC&R language — there is no automatic statutory lien for non-condo HOAs in Michigan.

Resale Certificate Requirements

Michigan law requires condominium associations to provide a resale certificate (sometimes called a "status certificate") within 10 business days of request. The certificate must disclose: current assessments, any outstanding special assessments, the current budget, and any known litigation. Failure to provide timely disclosure can expose the association to liability.

Planned Community HOAs in Michigan

Michigan has the Subdivision Control Act (MCL § 560.101), which governs the platting of subdivisions, but does not establish governance rules for HOAs within subdivisions. Planned community HOAs operate under their CC&Rs and the Michigan Nonprofit Corporation Act. Courts enforce CC&R provisions as contractual obligations binding all lot owners within the subdivision.