HOA vs. Condo Association

It depends on your state and local laws. In Florida there are completely different statutes governing HOAs (FS 720) vs. Condos (FS 718), not sure about MI.

This might help.

https://www.kdisonline.com/breaking-down-the-differences-between-a-condo-association-ca-and-homeowners-association-hoa/#:~:text=Usually%2C%20an%20HOA%20oversees%20single,much%20like%20apartments%20and%20townhomes.

Our Master Deed says we are subject to the Condominium Act (Act 59 of the public Acts of Michigan of 1978). It also says we are a non-profit corporation.

Lou

Typical association docs fall into 3 categories:

1. Covenants, Declaration, Deed Restrictions, etc. which are all the same. It is generally the largest doc and pretty well covers everything including restrictions on things like out buildings, architectural restrictions, parking restrictions, etc. Pretty much everything to do with the association. It is the "bible" on how an association must be operate. Generally this doc will say nothing about BOD makeup, elections, etc. To make a change, it will typically take a 2/3rds of all owners agreeing to any changes.

2. Bylaws typically deal with association governance, elections, BOD positions/size, etc. It is the "bible' on how the association is to be governed. Bylaws would generally not say anything about out buildings, architectural restrictions. etc. To make a change, it will typically take 51% of all owners agreeing to any changes.

3 Rules & Regulations are made by the BOD and the BOD alone. They typically are used to clarify and control but they cannot override and Covenant now Bylaw. R&R's could control pool hours but it could not have a pool removed.

It helps all to know what one is specifically referring to.

Associations can be stricter than local laws but they cannot override local laws. One classic example is local law says fences can be 8ft tall. Association says 4ft tall max. Because owners agreed to the association restriction, the association wins. Now the association cannot say fences over 8ft tall are allowed as that would be against the law.

Hope this is helping.

Thanks for all your help. But I am confused with what Agustus said in his last response. Does it mean the bylaws supercede law? am confused. thaks so much!!

I think "supercede" is not the right word. In the Michigan Condo Act, one will see statements like:

"The boundaries between adjoining condominium units shall not be relocated unless the condominium documents expressly permit it."

"A condominium unit shall not be subdivided unless the condominium documents expressly permit it."

What these statements in the Michigan Condo Act mean is that the statute (meaning the Michigan Condo Act) is still the controlling authority in a court of law. But in the scenarios to which the two examples above refer, the statute explicitly states that the condominium documents will control. This does not mean the Condo Act has any less power. It just means the Condo Act is giving this power, in these two instances, to the condominium documents.

Hypothetical example:
A condo's Master Deed states that "The boundaries between adjoining condominium units may be relocated with the express permission of the owners of the two units." The owners of the two units both give permission to relocate said boundaries. Does the Michigan Condo Act allow this? Yes.

Perhaps in particular, the following wording is what you are questioning:
"The Bylaws may contain provisions: (a) As are deemed appropriate for the administration of the condominium project not inconsistent with this act or any other applicable laws."

Hypothetical example
A Condo's Bylaws state that, for an election, "A member may designate a proxy by filing a suitable written instrument with the condominium association no more than 30 days before the election date. Said proxy will expire immediately after the election." Does the Michigan Condominium Act allow this? The Michigan Condo Act says nothing about appointing a proxy for an election. Hence the Condominium Act allows this.

For what it is worth, I think your questions are good.

We are described as a site condo, meaning we are separate single family dwelling units. We have separate bylaws than do the adjoining actual condominium units.

The single family dwelling units may very well be separate. But if the Bylaws for the separate single family dwelling units indicate this "site condo" is subject to the Michigan Condominium Act, then the separate single family dwelling units are subject to the Michigan Condominium Act (sic).

If you look at the definitions sections in the Michigan Condominium Act at http://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-59-of-1978.pdf, the definition of "condominium unit" is quite broad:

=== Start Definitions Excerpt from Michigan Condo Act ====
559.104 Definitions; C.
Sec. 4. (1) “Condominium project” or “project” means a plan or project consisting of not less than 2 condominium units established in conformance with this act.
(2) “Condominium subdivision plan” means the drawings and information prepared pursuant to section 66.
(3) “Condominium unit” means that portion of the condominium project designed and intended for
separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.
...
=== End Definitions Excerpt ===

In Michigan, the fact that each home is separated by air space from all other homes has no bearing on whether the homes are "condominiums" under the Michigan Condominium Act.

Michigan condo law strikes me as quite a-typical. But whether the OP's community is not typical within the state boundaries of Michigan is not something I could judge.

I agree. I know of one other state that any "owner controlling association" regardless of construction type (single family homes to high rise units), is called a Condo Association.

The South Carolina Horizontal Property Act defines a “condominium” as the individual ownership of a portion of a building with the right to share with other co-owners the common elements of the property thus a COA (Condo Owner Assoc.). Single family home associations are not defined as condominiums and called HOA's (Home Owners Assoc.) but many refer to them as condos.

Yes it can get confusing.

Yes! I love your responses! But my take is, the owners have been happy until about 6 months ago,then the you know what hit the fan. A co-owner started a rumor that he was going to rent out his house to university students. I am being very careful in what I say, I am not discriminating against students or anyone. I am repeating what he said. That incensed the community who bought her (as we did) because there were rules and bylaws in place protecting our investment. or so we thought. That has triggered an avalanche of drama and upset co-owners wanting the rental bylaws strengthened or enforced. Get the picture? Again, a board director rents....

Based on all off your many question, Lou, including this rental one, I think you Board needs to spend a few bucks to have at least an hour - long meeting with your HOA attorney. S/he should be able to explain to you all the language of HOAs and powers of the Board.

Do you have the earlier supposed kinins form the attorney in writing? Is s/he an HOA attorney? Or some other kind?

I also keep wondering if it's really your Bylaws that you keep referring to or some other documents. Bylaws don't typically have things in them like rental limits, whether or not you can fine violators, etc. I think that usually there'd be referenced first in your master deed. Specifics about them would be in your rules----usually.

“Owner- occupied” would probably be the default