5 rules for unincorporated Oakland County, Michigan.
Verified from official government sources
Oakland County has no county-level HOA code. Homeowners associations in Royal Oak, Troy, Farmington Hills, Rochester Hills, Novi, West Bloomfield, and other Oakland County communities are governed by their recorded CC&Rs plus the Michigan Nonprofit Corporation Act (1982 PA 162, MCL 450.2101 et seq.). Condominium associations are additionally governed by the Michigan Condominium Act (1978 PA 59, MCL 559.101 et seq.). The board must follow notice, quorum, and recordkeeping rules in those statutes and in the association's own bylaws.
Architectural review in Oakland County HOAs (Birmingham, Bloomfield Hills, Northville, Novi, Rochester Hills, etc.) is driven by the association's recorded declaration of CC&Rs and any architectural standards adopted by the board. Michigan courts routinely uphold reasonable architectural restrictions. Effective April 1, 2025, the Michigan Homeowner Energy Policy Act (2024 PA 64, codified at MCL 559.301 et seq.) sharply limits an HOA's authority to prohibit solar panels, clotheslines, energy-efficient windows, EV charging, and similar energy-saving improvements on a member's lot or limited common element.
MCL 559.206 (Michigan Condominium Act §106)
Sec. 106. A co-owner may maintain an action against the association of co-owners and its officers and directors to compel them to enforce the terms and provisions of the condominium documents. In a proceeding arising because of an alleged default by a co-owner, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as...
HOA and condo assessments in Oakland County are levied under the association's bylaws and (for condos) the Michigan Condominium Act. Unpaid assessments — together with interest, late charges, advances, attorney fees, and fines — become a statutory lien on the unit under MCL 559.208 with priority over everything except tax liens and a first mortgage of record. The lien may be foreclosed by judicial action or, where authorized, by advertisement.
MCL 559.208(1) (Michigan Condominium Act §108)
Sec. 108. (1) Sums assessed to a co-owner by the association of co-owners that are unpaid together with interest on such sums, collection and late charges, advances made by the association of co-owners for taxes or other liens to protect its lien, attorney fees, and fines in accordance with the condominium documents, constitute a lien upon the unit or units in the condominium project owned by t...
Oakland County HOA and condo disputes are resolved in the 6th Judicial Circuit Court (Oakland County Circuit Court, Pontiac) for amounts above the small-claims and district-court thresholds. Alternative dispute resolution is encouraged. For condominiums, MCL 559.206 authorizes the prevailing party in a default proceeding to recover costs and reasonable attorney fees to the extent the condominium documents expressly so provide, and MCL 559.207 lets a co-owner sue to compel the board to enforce the documents.
MCL 559.206 (Michigan Condominium Act §106)
Sec. 106. (a) A co-owner... may maintain an action to recover sums due for damages, injunctive relief, foreclosure of lien if default in payment of assessment, or any combination thereof. (b) In a proceeding arising because of an alleged default by a co-owner, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as ...
CC&Rs in Oakland County subdivisions and condominium projects (recorded at the Oakland County Register of Deeds, 1200 N. Telegraph Rd., Pontiac) run with the land and bind successive owners. Subdivision (HOA) restrictions are enforced under contract and real-property law plus the Michigan Nonprofit Corporation Act; condominium restrictions are enforced under MCL 559.206 and MCL 559.207 of the Michigan Condominium Act. Michigan courts will enforce reasonable restrictions but refuse to enforce restrictions that are vague, abandoned by acquiescence, racially discriminatory, or barred by recent statute (e.g., the Homeowner Energy Policy Act).
MCL 559.206 (Michigan Condominium Act §106)
Sec. 106. (a) A co-owner... may maintain an action to recover sums due for damages, injunctive relief, foreclosure of lien if default in payment of assessment, or any combination thereof. (b) In a proceeding arising because of an alleged default by a co-owner, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as ...
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