General HOA Guidelines

Started by MarkK17 • 8 replies • 1353 views

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MarkK17 (Michigan)
Posts: 13

Posted:

Hi,

I am a relatively new member of a 9 home HOA located in rural Michigan.

Our HOA is relatively loosely knit ( no regular meetings). We do have the bylaws that were made by the original developer around 10 years ago. I believe they are still in force but I'm not sure they have the HOA's best interests in mind.

My question is in regards to best practices for an HOA.

What are the things that we should be doing that we may not be?

There are no current issues but I am looking at what we can do to make out HOA better.

Thanks,

Mark

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hi Mark,

Welcome to the forum.

First and foremost, read and understand all of your governing documents (covenants, bylaws, articles of incorporation) and applicable statutes.

Your covenants should specify what the responsibilities of the Association are.
Although you may be tempted, don't expand upon those responsibilities without amending the covenants.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 05/04/2017 4:12 PM
Hi Mark,

Welcome to the forum.

First and foremost, read and understand all of your governing documents (covenants, bylaws, articles of incorporation) and applicable statutes.

Your covenants should specify what the responsibilities of the Association are.
Although you may be tempted, don't expand upon those responsibilities without amending the covenants.

.... I have a large binder with all my HOA governing documents along with a copy of my State HOA Statutes. Read the documents ... then read again. Mine are also highlighted in various colors for certain items.

MarkK17 (Michigan)
Posts: 13

Posted:

Thanks,
So where would one find the Michigan Laws governing HOA's

Did some online searching and nothing of any substance showed up.

Sometimes its just easier to ask.

Mark

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By MarkK17 on 05/05/2017 1:12 PM
Thanks,
So where would one find the Michigan Laws governing HOA's

Did some online searching and nothing of any substance showed up.

Sometimes its just easier to ask.

Mark

Here are various statutes:

Michigan Land Division Act:
https://micondolaw.com/michigan-hoa-law/the-michigan-land-division-act/

Michigan Non-Profit Corporation Act (most HOA's are filed as Non-Profit Corporations, but you need to check your governing documents to be sure.):
https://micondolaw.com/michigan-hoa-law/the-michigan-nonprofit-corporation-act/

Here is also a comparison between Condominiums and Platted Subdivisions:
https://micondolaw.com/michigan-hoa-law/comparison-between-michigan-site-condominiums-and-platted-subdivisions-homeowner-associations/

If you have any other questions or concerns, please let us know.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Also see:

Michigan Condominium & Homeowner Association News from Community Association Network.

HOA-USA Michigan page Click on State Laws

The Board Member Tool Kit A GUIDE FOR COMMUNITY ASSOCIATION VOLUNTEER LEADER

Best Practices Reports various reports from the Foundation for Community Association Research

MarkK17 (Michigan)
Posts: 13

Posted:

Thanks Virginia,

Exactly what I needed.

Mark

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MarkK17 on 05/06/2017 5:04 PM
Thanks Virginia,

Exactly what I needed.

No Problem Michigan

DouglasM6 (Arizona)
Posts: 724

Posted:

LOL

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