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Michigan Statewide Rule

Michigan CC&R & Covenant Enforcement

Some RestrictionsApplies statewide across Michigan (2026)

Key Facts

Condo compliance statute
MCL 559.165
Enforcement remedies
Damages, injunction, fines, lien (MCL 559.206)
Who is bound (condo)
Co-owners, tenants, and occupants
Non-condo basis
Recorded declaration as equitable servitude
General HOA statute
None in Michigan
Last verified: September 5, 2026

Summary

Michigan condo associations enforce the master deed, bylaws, and rules through MCL 559.165, which makes compliance mandatory, backed by fines, injunctions, and liens. Non-condo HOAs enforce covenants and architectural rules through the recorded declaration interpreted under Michigan contract and property law: there is no general HOA enforcement statute.

Sec. 107. A co-owner may maintain an action against the association of co-owners and its officers and directors to compel these persons to enforce the terms and provisions of the condominium documents. In such a proceeding, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as determined by the court, to the extent that the condominium documents expressly so provide. A co-owner may maintain an action against any other co-owner for injunctive relief or for damages or any combination thereof for noncompliance with the terms and provisions of the condominium documents or this act.

Full Breakdown

For condominiums, MCL 559.165 provides that "[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act." That mandatory-compliance duty is enforced through MCL 559.206, which allows an action for damages, injunctive relief, fines after notice and hearing, and foreclosure of the lien. Architectural-review and use restrictions in the master deed or bylaws are enforced on this footing. For non-condo planned communities, Michigan has not adopted a comprehensive common-interest statute; restrictive covenants, architectural-review provisions, and CC&Rs are enforced as recorded equitable servitudes under Michigan property and contract law, with the association acting under the Nonprofit Corporation Act (MCL 450.2101 et seq.).

Violations & Penalties

Condo covenant violations can draw an action for damages, injunctive relief, fines (after notice and hearing), and lien foreclosure under MCL 559.165 and 559.206. Non-condo CC&R violations are enforced as equitable servitudes through court action under the recorded declaration.

Frequently Asked Questions

Are condo bylaws and rules legally binding in Michigan?
Yes. MCL 559.165 states that each co-owner, tenant, and occupant "shall comply with the master deed, bylaws, and rules and regulations" and the Condominium Act itself, making compliance a mandatory legal duty.
How does a Michigan HOA enforce architectural rules without a statute?
Non-condo HOAs enforce architectural and covenant restrictions through their recorded declaration, treated as equitable servitudes under Michigan property and contract law, by seeking an injunction or damages in court.
Can a Michigan condo association get an injunction for a rule violation?
Yes. MCL 559.206 expressly allows injunctive relief, along with an action for damages, fines after notice and hearing, and foreclosure of the lien, for failure to comply with the condominium documents.

Sources

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