Getting Your Michigan HOA's Records

Michigan records access depends on which kind of community you live in. Site condos run through the Condominium Act and the Master Deed; traditional plat HOAs rely on the covenants and the Michigan Nonprofit Corporation Act. For your specific situation, a licensed Michigan attorney is the right resource. This is general information, not legal advice.

Site condominiums: Condominium Act + Master Deed

For site condominiums and traditional condos, records access flows from:

• The Michigan Condominium Act (MCL 559.101 et seq.) — sets baseline financial and governance recordkeeping obligations
• The recorded Master Deed and bylaws — typically include specific provisions on books, records, and inspection
• The Michigan Nonprofit Corporation Act (MCL 450.2101 et seq.) — for incorporated associations, supplies member-inspection rights to corporate records

A co-owner usually has a right to inspect the financial records, contracts, minutes, and other operating documents on reasonable terms. MCL 559.157 is the on-point section: it provides that "the books, records, contracts, and financial statements concerning the administration and operation of the condominium project shall be available for examination by any of the co-owners and their mortgagees at convenient times." The Master Deed often specifies the timing and any reasonable copying fees.

The same section adds a distinctive Michigan transparency feature: an association of co-owners "with annual revenues greater than $20,000.00 shall on an annual basis have its books, records, and financial statements independently audited or reviewed by a certified public accountant," unless a majority of co-owners vote to opt out. That CPA audit or review is itself a record an owner can ask to see.

Plat HOAs: CC&Rs + Nonprofit Corporation Act

For traditional plat-based HOAs, there is no statute parallel to Chapter 559. Records access generally flows from:

• The recorded CC&Rs — often specify what records owners may inspect and on what terms
• The bylaws — fill in operational detail
• The Michigan Nonprofit Corporation Act, MCL 450.2101 et seq. — provides members of incorporated HOAs with inspection rights to corporate records under specified conditions

The Nonprofit Corporation Act's member-inspection rights are an important supplement: they apply by operation of law to incorporated HOAs even if the CC&Rs are silent. The specific provision is MCL 450.2487, which lets a member, on a written demand stating a proper purpose, inspect the corporation's books and records. If the corporation "does not permit an inspection . . . within 5 business days after a demand is received," or imposes unreasonable conditions, the statute lets the member ask the circuit court to compel the inspection.

What owners commonly request

People reviewing Michigan HOA or site condo books often look at:

• Annual budgets, reserve studies, financial statements, and audits
• Bank statements, vendor contracts, and bids
• The Master Deed/CC&Rs, bylaws, adopted rules, and any fine schedule
• Board and member meeting minutes and notices
• Assessment ledgers and lien notices for the unit or lot
• Insurance policies and reserve-fund reports

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

For the recorded documents themselves

The recorded Master Deed or CC&Rs and any amendments are available from the county register of deeds. The Master Deed for a site condo (or the plat and recorded CC&Rs for a plat HOA) is typically the first document an owner obtains, because it tells you which framework applies.

What people generally do

For owners seeking Michigan records, a few practical points:

• Whether the community is a site condo or plat HOA (the Master Deed terminology is the giveaway).
• A written request that identifies the records specifically is the usual starting point.
• The Master Deed/CC&Rs and applicable statute (Condominium Act for site condos, Nonprofit Corporation Act for incorporated plat HOAs).
• Keeping a copy of the request and any response is common practice.
• A licensed Michigan attorney is the resource if access is denied or unreasonably delayed.

Sources

• MCL Act 59 of 1978 — Michigan Condominium Act
• MCL 559.157 — Books, records, financial statements; examination; CPA audit or review
• MCL Act 162 of 1982 — Michigan Nonprofit Corporation Act
• MCL 450.2487 — Member inspection of corporate books and records