Michigan HOA Laws: Fines, Foreclosure & Your Rights (2026)

Michigan splits by community type but strongly protects condo owners. For condominiums (Michigan Condominium Act, MCL 559.101 et seq.), written notice and a meaningful opportunity to be heard are NON-WAIVABLE before any fine — the Michigan Supreme Court held in Janini v. London Townhouses (2024) that fines skipping this process are void ab initio (as if never imposed), and a written decision must follow the hearing. Non-condo HOAs run on their CC&Rs plus the Nonprofit Corporation Act, so their process comes from the documents. There is no statutory dollar cap either way. And under the 2024 energy law (HEPA), fines for installing solar, EV chargers, heat pumps, clotheslines, rain barrels, or other listed improvements are void regardless of the CC&Rs.

Condominium associations have strong statutory lien power: unpaid assessments (with interest, late/collection charges, attorney fees, and fines per the documents) become an automatic lien under MCL 559.208, foreclosable like a mortgage — either by advertisement (nonjudicial) or judicially. BUT a key protection: Michigan courts (Channel View East v. Ferguson) hold an association generally CANNOT foreclose over fines standing alone — there must be concurrent unpaid assessments, and the bylaws must expressly make fines part of the lien. Michigan gives NO super-lien — association liens are junior to a first mortgage recorded earlier (a bank foreclosure can wipe them out). After a sale you get a 6-month redemption period (1 month if abandoned). Non-condo HOAs need CC&R authority to lien or foreclose at all.

Michigan’s Homeowners’ Energy Policy Act (HEPA, 2024 PA 68, effective April 2025) is one of the strongest in the country. HOA and condo provisions that prohibit — or require approval for — solar panels, EV charging equipment, heat pumps, battery storage, clotheslines, rain barrels, insulation, reflective roofing, energy-efficient appliances, solar water heaters, and energy-efficient windows are INVALID. Restrictions that cut estimated annual solar output by more than 10% or raise installation cost by more than ,000 are void. Every Michigan HOA had to adopt a compliant solar energy policy by April 1, 2026 — and any that missed the deadline lost ALL authority to regulate even the placement of solar.

Michigan condominium co-owners have statutory access to association records — books, records, and financial statements must be available for examination at reasonable times, and the Condominium Act requires associations to keep detailed financial records. Non-condo HOAs organized as nonprofits give members inspection rights under the Nonprofit Corporation Act (MCL 450.2487). Governing documents (master deed, bylaws) are recorded public documents.

No. Everything here is general legal information for education. How a statute applies to you depends on your governing documents and facts we can’t see. For a dispute involving your money or your home, talk to a licensed Michigan attorney. Read the full disclaimer.