Oakland County, MI HOA Rules: Assessment & Dues (2026)
Key Facts
- Lien statute
- MCL 559.208
- Lien priority
- Behind only tax liens and first mortgage
- Pre-foreclosure notice
- 10 days, first-class mail
- Redemption
- 6 months (1 mo if abandoned)
- Sale payoff
- MCL 559.211
Summary
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.
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 the co-owner at the time of the assessment before other liens except tax liens on the condominium unit in favor of any state or federal taxing authority and sums unpaid on a first mortgage of record.
Full Breakdown
Annual budgets and per-unit assessments are typically set by the board, with special assessments above a threshold (commonly 10 percent of the annual budget) often requiring a member vote under the bylaws. 169 requires the association to maintain general common elements and authorizes assessments to fund that maintenance. Unpaid assessments accrue interest and late charges as the bylaws provide. 208(3)), the association may foreclose. Redemption is six months after foreclosure sale (one month if the unit is abandoned). 211 requires all unpaid assessments to be paid out of the sale price in preference over all other charges except taxes and first-mortgage payments. The escrow agent's failure to comply allows the association to recover from the seller, purchaser, and escrow agent.
Violations & Fines
Nonpayment exposes the owner to late charges, interest, attorney fees, and foreclosure of the unit. Michigan courts have consistently enforced the MCL 559.208 priority over junior mortgages, judgment liens, and later-recorded encumbrances. Owners who dispute charges should pay under protest and challenge the assessment, not withhold payment: failure to pay does not excuse foreclosure even if the underlying assessment is later reduced.
Frequently Asked Questions
Can my Rochester Hills or West Bloomfield HOA foreclose for unpaid dues?
Where is the lien recorded?
Do I have to pay back assessments when I sell?
What is the redemption period after an HOA foreclosure?
Sources & Official References
Other rules in Oakland County
Compare Oakland County to another location·View the Michigan hoa rules overview
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