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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (no dedicated HOA act)
Michigan has no standalone homeowners-association or planned-community statute, so a traditional HOA's amendment threshold is generally set by its own recorded declaration of covenants and restrictions, which controls. Platted subdivisions also sit under the Land Division Act (MCL 560.101 et seq.), and most associations are incorporated under the Michigan Nonprofit Corporation Act (MCL 450.2101 et seq.). Many Michigan communities that look like HOAs are actually 'site condominiums' governed by the Condominium Act, so the first step is usually confirming which framework applies to you.
Condominiums (Michigan Condominium Act)
For condominiums, including site condos, the Michigan Condominium Act generally allows the master deed, bylaws, and condominium subdivision plan to be amended with the consent of at least two-thirds of the votes of co-owners and mortgagees (MCL 559.190). That two-thirds floor generally cannot be raised by the documents, and a provision demanding a higher percentage may be treated as void and superseded. An amendment typically becomes effective only once it is recorded with the county register of deeds, and co-owners are generally entitled to notice at least 10 days before recording.
How the vote can run
Condominium voting is usually conducted by written ballot or proxy, with proxies generally in writing and signed. Because most associations are also incorporated, the Nonprofit Corporation Act can permit action by written ballot, written consent, and remote or electronic participation (MCL 450.2405; MCL 450.2408). Electronic or ballot voting generally must first be authorized in the articles or bylaws, and a written ballot is typically returned within a set window (often not less than 20 nor more than 90 days), so we design the method to match what your recorded documents and Michigan law allow.
Before we quote
Michigan details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Michigan vote has to answer.
First we confirm whether your community is a condominium or site condo (Condominium Act) or a covenant-based HOA (recorded declaration), because the amendment rules differ.
Condo master-deed and bylaw amendments generally need at least two-thirds of the co-owner and mortgagee votes (MCL 559.190), counted against all co-owners entitled to vote as of the record date, not just those at the meeting.
That two-thirds floor generally cannot be increased by the governing documents, and any higher requirement may be unenforceable.
A covenant-based HOA's threshold is generally whatever its recorded declaration specifies, so we need the current declaration and every recorded amendment.
Mortgagee approval is generally required only for certain enumerated amendments and, where required, is usually solicited by written ballot, with first-mortgagee ballots not returned within about 90 days of mailing potentially counted as approval (MCL 559.190a).
Certain changes, such as altering a co-owner's unit dimensions or appurtenant limited common elements or the percentage-of-value formula, generally require the consent of each affected co-owner and mortgagee, beyond the two-thirds vote.
A condo amendment generally takes effect only on recording with the county register of deeds, with co-owner notice at least 10 days before recording.
Electronic, written-ballot, and remote-meeting voting generally must be permitted by the articles or bylaws under the Nonprofit Corporation Act (MCL 450.2405; MCL 450.2408).
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