When Is a Michigan HOA Rule Unenforceable?

Not every rule a Michigan board announces is automatically enforceable. The rule has to come from somewhere in the recorded documents, follow the procedure those documents specify, and be applied evenhandedly. For your specific situation, a licensed Michigan attorney is the right resource. This is general information, not legal advice.

For the general framework that applies across states (where rule power comes from, adoption, reasonableness, and federal overrides), see When Is an HOA Rule Unenforceable?.

Rules flow from authority, not preference

A Michigan community association's rule-making power comes from the recorded Master Deed and bylaws (for site condos and condos) or the recorded CC&Rs (for plat HOAs), supplemented by the Michigan Nonprofit Corporation Act for incorporated entities.

A rule has to fit within what those documents grant. A board cannot use a rule to reach a result the Master Deed (or CC&Rs) does not authorize, and it cannot use a rule to cut below owner rights the Condominium Act or Nonprofit Corporation Act guarantees.

Due process for fines

For condos and site condos, the Condominium Act describes fines the condominium documents provide for as levied "after notice and hearing thereon" (MCL 559.206(c)), and the Master Deed and bylaws typically spell out the notice and hearing steps. Those steps are not optional. A fine imposed without them is procedurally vulnerable, regardless of whether the underlying rule is sound. See Challenging an HOA Fine in Michigan.

Selective enforcement

A rule applied to one owner but not to identically situated neighbors raises a recognized fairness problem. The association's own records and minutes are usually where any pattern of selective enforcement surfaces.

Can my Michigan condo association force me into arbitration?

Not without written consent, under the Condominium Act. MCL 559.154(8) requires condo bylaws to provide that disputes go to arbitration only "upon the election and written consent of the parties," so a bylaw letting one party force the other into arbitration would itself be unenforceable. By its terms, this applies to condominium projects established on or after May 9, 2002.

For condominiums and site condominiums, Michigan law adds a dispute-resolution wrinkle that surprises many owners. MCL 559.154(8) requires that the bylaws "contain a provision providing that arbitration of disputes, claims, and grievances arising out of or relating to the interpretation of the application of the condominium document or arising out of disputes among or between co-owners shall be submitted to arbitration . . . upon the election and written consent of the parties to the disputes, claims, or grievances and upon written notice to the association." Two points matter: arbitration under this section is not automatic — it proceeds only if the parties elect it and consent in writing, so a bylaw letting one party force the other into arbitration would itself be unenforceable; and by its terms the requirement applies to condominium projects established on or after May 9, 2002, the effective date of the 2002 amendment that added that limit (MCL 559.154(11)). Whether and how this provision affects a particular dispute is a question for a licensed Michigan attorney.

What can't an HOA ban in Michigan?

Solar energy systems, among others. Under the Homeowners' Energy Policy Act, MCL 559.307, effective April 2, 2025, an HOA provision that prohibits installing a solar energy system is invalid and unenforceable. Federal law also limits bans on the U.S. flag and on certain antennas and satellite dishes, and fair housing law bars discrimination and requires reasonable accommodations.

Some rules fail no matter how they were adopted, because higher law preempts them:

• Fair housing — the federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act and Elliott-Larsen Civil Rights Act bar discrimination and require reasonable accommodations, including for assistance animals
• Display rights — the federal Freedom to Display the American Flag Act and the FCC's OTARD rule limit bans on the U.S. flag and on certain antennas and satellite dishes
• Servicemembers — the Servicemembers Civil Relief Act protects owners on active duty
• Solar — the Homeowners' Energy Policy Act (Act 68 of 2024, MCL 559.301 et seq., effective April 2, 2025) makes an HOA provision that prohibits the installation of a solar energy system invalid and unenforceable (MCL 559.307), and it requires each "homeowners' association in this state" to adopt a written solar energy policy statement within one year of the effective date — i.e., by April 2, 2026 (MCL 559.309). If an association "fails to adopt the policy within the time period specified under section 9(1)," or does not approve or deny a written application in time (30 days once a policy is adopted; 120 days for an application submitted before the association adopted its policy), "a member may proceed with the installation of the solar energy system," and the association "shall not impose fines or otherwise penalize the member for complying with this act" (MCL 559.311(2)–(3))

A rule that collides with any of these is not saved by being in the Master Deed.

What people generally do

When a Michigan rule is in question, the points that commonly matter are:

• Whether the rule traces back to a specific Master Deed/CC&R or bylaw provision that authorizes it.
• Whether the rule was adopted under the procedure the documents require.
• For condos and site condos, whether any fine followed the notice and hearing MCL 559.206(c) describes and the Master Deed's process.
• Evidence of how the rule has been enforced against others.
• A licensed Michigan attorney is the resource before a disputed fine feeds the statutory lien under MCL 559.208.

Sources

• MCL Act 59 of 1978 — Michigan Condominium Act
• MCL Act 162 of 1982 — Michigan Nonprofit Corporation Act
• MCL 559.206 — Default by co-owner; relief (fines after notice and hearing)
• MCL 559.208 — Assessment lien
• MCL 559.154 — Condominium bylaws; mandatory provisions; arbitration
• MCL Act 68 of 2024 — Homeowners' Energy Policy Act
• MCL 559.311 — Solar application; failure to adopt policy or decide