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.
Most Oakland County HOAs are organized as Michigan nonprofit corporations, which means MCL 450.2401-2531 controls director elections, meeting notice, voting, quorum, conflicts of interest, and indemnification. Directors are elected for terms set in the bylaws and serve as fiduciaries of the membership. Annual meetings are required and special meetings can be called by the board, the president, or (typically) 10 percent of members. Notice of member meetings must generally be sent not less than 10 nor more than 60 days before the meeting under MCL 450.2404. Action without a meeting by written consent requires the consent of all members entitled to vote unless the articles permit otherwise. Condo association board procedure adds Michigan Condominium Act overlays β including MCL 559.152 advisory-committee and transition-of-control rules and MCL 559.190 amendment requirements. Boards must keep minutes, financial records, and the membership ledger available for inspection by members on written request stating a proper purpose.
Failure to hold required meetings, send proper notice, allow inspection of records, or follow bylaws can be challenged by any member in Oakland County Circuit Court. Common claims include actions to compel a meeting, actions to set aside improperly noticed board decisions, and (for condos) MCL 559.207 actions to compel directors to enforce condominium documents. Directors face personal exposure for self-dealing or breach of fiduciary duty, although the statutory business-judgment standard protects good-faith decisions.
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