whats on file doesn't match what was given out

They are in essence the same:

Old Document states:

The ownership of each lot shall constitute the owners thereof as members of the Association, provided that if more than one lot has common ownership such ownership shall constitute only a single member of the Association

The above in essence states that if you own a lot you are a member, but if more than one individual is shown owning it is still considered as only one membership and therefore would be one vote per lot.

The ownership of each lot shall constitute the owners thereof as members of the Association, provided that if more than one has common ownership such ownership shall constitute only a single member of the Association.

Each lot shall be entitled to one vote but only one vote. A "member" shall be entitled to as many votes as the number of lots which he (and his common owners, if any) owns. Each lot shall have but one vote irrespective of the number of common owners.

First statement, if you own a lot you are a member of the association, but if more than one individual owns, the overall lot membership for association is still only one member. Second part, is each lot gets one vote, if you or any common owners with you shall have one vote for each lot owned. In essence each lot in the HOA gets one vote even if it is owned by 4 people.

Double check the “law of the land” documents and make sure if there is a filed stamp showing that they have been properly filed. Also double check the County Records to make sure they have not been properly filed. Generally in many states Declaration of CCR’s are not legal unless properly filed, so your group maybe should check with your attorney and see how best to handle to insure legal compliance.

One potential idea might be if everyone likes and agrees more with the newer document, then have a membership meeting, have everyone vote to adopt the "law of the land" documents officially, then file them appropriately with the County Records. This could be a method to insure there no issues arise down the road.

Not sure if I fully understand your above question. However, to potentially better explain:

Both sections make the following statement:

"common ownership such ownership shall constitute only a single member of the Association"

Therefore, each lot is entitled to one vote per lot and considered as one member. It does not matter how many common owners there are with regards to the property … only one vote allowed per ownership of each and every lot. If four individuals own a lot then they must agree to how their one (1) vote allowed is to be cast.

With regards to possibly more than one owner of a lot possibly serving on the board, generally that will depend on your HOA documents and state statutes on what is allowed. Some states allow and some do not. In those that allow any owner can run and be elected to the board even if potentially more than one owner per lot; however, during the vote only one (1) vote can be cast for that lot. Where you potentially are in a pickle here is Michigan to my knowledge only has Condominium Act and no homeowner association act, so we do not have state statute to review for more clarification.

As potentially stated in your documents it would appear that only one person from the common ownership could choose to run for board acting as the single member of the association for that lot … but I am not an attorney so this is just my opinion.

Hope this maybe makes more sense. Your HOA maybe should consider consulting an attorney to determine the document issue and also to clarify some items.

You go by your Convenants and Restrictions. They are the legal binding contract NOT the By-laws. By-laws aren't even required to be filed. You can get a copy from the Records department from your local courthouse.

If you have 50 owners, then there are 50 votes. It doesn't matter if every one of those owners is married or multiple people living there. If a spouse wants to run for a board position, the other spouse can't. We had a couple that alternated out every other year on who was on the board. That way atleast 1 was on the board.

ALL owners are considered members. This means the HOA is ONLY funded by it's members FOR it's members. The funds in the HOA's account is ALL the member's money, and the Board is job is to spend that money as the general members see it to be spent. The board is also responsible for the daily operations of the HOA so the general membership doesn't have to be involved. At election time, the board is elected and then the board elects the officers including president. This isn't true to all HOA's but it is typical.

Suing your HOA is suing yourself and your neighbors. I am not sure what your lawsuit is about and what would resolve it. The court system can only make your "whole". Did you spend money and lost it? Or do you expect some other outcome such as rule enforcement? Your HOA is NOT run by professional people. They are just VOLUNTEERS. You can't expect a Den Mother to know the rules and regulations of a HOA and then follow them. You do the best you can and hope for the best. A HOA's power isn't in the legal system. It is within the ownership themselves. The documentation ironically, includes solution to your issues instead of consulting a laywer.