Michigan Statewide Rule
Michigan CC&R & Covenant Enforcement
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
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?
How does a Michigan HOA enforce architectural rules without a statute?
Can a Michigan condo association get an injunction for a rule violation?
Sources
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