HomeCondo and HOA Cases

Condo and HOA Cases

One of the fundamental concepts of condominium living is that anyone acquiring an interest in the condominium must comply with the condominium documents.  The Michigan Condominium Act, specifically MCL 559.165, states that, “[e]ach unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act.”  In most cases, the condominium bylaws will also contain a provision that mirrors MCL 559.165 and requires compliance with governing documents.  However, it is not uncommon for co-owners to violate the condominium bylaws, either due to ignorance, misinterpretation of the condominium documents or willful noncompliance.  Accordingly, at some point in time, the board of directors is likely going to be required to take action to enforce the condominium bylaws.