Adopt a written enforcement policy
Include a complaint procedure and complaint form, a notice-and-hearing process, a fine schedule, and cure periods. Apply the policy consistently.
A Board Member’s Checklist, Michigan Condominiums
Enforcing Your Condominium Documents in Michigan: What Every Board Member Needs to Know
Schedule a Bylaw Enforcement ConsultationWhy is Bylaw Enforcement Important?
Michigan law requires co-owners to comply with the condominium documents, including the master deed, bylaws, and rules and regulations. The Board is responsible for making sure those requirements are enforced consistently and in accordance with the condominium documents and applicable law. A clear and consistent enforcement process helps protect the Association’s rights, encourage compliance, and reduce the risk of waiver, selective-enforcement claims, and costly disputes.
“Effective bylaw enforcement is about more than identifying a violation. It is about choosing the right response and following the right process from the start. An experienced community association attorney can help the Board enforce its documents properly and protect the Association’s rights if the matter becomes disputed or requires litigation.”
The Bylaw Enforcement Checklist
Confirm your remedies are authorized
Only a lawsuit is automatic. Fines, mediation requirements, and pre-litigation attorney’s fees must be authorized in your governing documents, amend first if they aren’t.
Investigate before you act
Review the complaint or reported violation, gather and verify the relevant facts, determine which provision of the condominium documents may have been violated, and keep supporting evidence such as photographs, correspondence, dates, or witness statements. If it is unclear whether a violation occurred, consult legal counsel before taking enforcement action.
Screen for potential fair-housing issues
If the alleged violation may be related to a disability, a request for an accommodation, or an assistance animal, consult legal counsel before taking enforcement action. Fair housing laws may require the Association to make an exception to, or adjust, an otherwise applicable rule or policy.
Confirm the available enforcement options
Review the condominium documents to determine what the Association can do about the violation. Depending on the situation, the Association may be able to impose fines, recover certain enforcement costs and attorney fees, or seek a court order requiring compliance. If the documents do not allow the Association to recover attorney fees before a lawsuit is filed (often called pre-litigation costs and attorney fees), consider amending them so those fees can be recovered in future cases.
Send a written violation notice
Clearly explain the violation, identify the rule or provision that applies, state what the owner must do to correct the problem, and give a deadline to comply.
Follow the required process before levying a fine
Confirm that fines are authorized, give the owner written notice of the hearing that includes the date, time, and place, and give the owner an opportunity to respond before the Board decides whether to impose a fine.
Escalate deliberately
If the violation continues, consider the next step, such as additional fines, a formal demand letter, or court action. Act quickly if the violation creates a safety issue, causes property damage, or seriously disrupts the community.
Retain an experienced community association attorney
An attorney can help the Board determine whether a violation can be enforced, identify possible fair-housing concerns, and guide the Board through the right enforcement process and advise on available options.
Key Requirements, Do Not Miss
Michigan enforcement requirements depend on your condominium documents, enforcement policy, and the type of enforcement action being taken.
Do not rely on a general checklist to determine your association’s requirements. Have your policy and condominium documents reviewed by counsel.
Important requirements may involve:
- Written notice with a cure deadline
- Authority in the condominium documents to impose fines and recover attorney fees and enforcement costs
- Proper notice and an opportunity to be heard before a fine is imposed
- Consistent enforcement of similar violations, while recognizing that different facts or fair-housing requirements may require a different response
- Prompt enforcement, because long delays can make enforcement more difficult and may create defenses such as waiver or laches
Warning Signs Your Enforcement Won’t Hold Up
- No written enforcement policy, or one the board doesn’t follow
- Fines levied without notice, a hearing, or authorization in the documents
- The same violation handled differently for different owners
- Longstanding violations ignored for years, then suddenly enforced, inviting a waiver defense
- Rules being enforced that the documents don’t actually authorize
- Enforcement decisions made informally, with no minutes or written record
- Failing to enforce at all, which can be a breach of fiduciary duty
Any one of these can turn an enforcement action into a dispute the association loses and pays for.
In Practice
100%
of attorney fees and costs recovered, plus a court order requiring the co-owner to comply
A condominium association contacted Hirzel Law after a co-owner kept more animals than permitted by the condominium documents and repeatedly failed to remove pet waste despite prior notices. When the violations continued, Hirzel Law initiated litigation to enforce the condominium documents. The court entered an order requiring the co-owner to comply with the condominium documents by reducing the number of animals and correcting the pet-waste violations, and the Association recovered its full attorney fees and costs.
Example based on an actual matter; details changed for privacy. Past results do not guarantee a similar outcome. Every matter depends on its particular facts, documents, claims, and applicable law.
What This Costs
Bylaw enforcement work is billed hourly, and the total cost depends on the nature of the violation and the amount of legal work required. Matters that resolve early generally cost less than disputes that require repeated enforcement or litigation. Associations that do not already have a written enforcement policy can retain us to prepare one for a $500 flat fee, with additional customization billed hourly.
| Enforcement step | How it’s billed |
|---|---|
| Bylaw enforcement policy (recommended, one-time) | $500 flat fee; additional customization billed hourly |
| Violation / demand letter | Hourly ($325–$525/hr) |
| Hearing preparation, legal guidance & attendance if needed | Hourly ($325–$525/hr) |
| Injunction or enforcement lawsuit | Hourly ($325–$525/hr) |
Who Ultimately Pays
Whether the Association can recover its enforcement costs and attorney fees from the violating co-owner depends on the condominium documents and the type of enforcement action involved. If the condominium documents allow for recovery, a successful Association may be entitled to recover its court costs and reasonable attorney fees in an enforcement proceeding under MCL 559.206(b). Some condominium documents also allow the Association to charge the co-owner for pre-litigation attorney fees and costs.
Frequently Asked Questions
Do we need an attorney for a routine violation?
Not every violation requires an attorney. Consider involving counsel when it is unclear whether a violation occurred, the owner disputes the violation, fines or legal action are being considered, or the matter raises fair-housing or other legal concerns.
Can we fine owners?
Only if fines are authorized by the condominium documents. Before imposing a fine, the Association must also follow the required notice and hearing process.
Does the Board need to enforce violations consistently?
Yes. The Board should address similar violations consistently and should not selectively enforce the condominium documents. However, different facts, prior violations, or legal requirements may justify a different response.
Can we recover our legal fees?
It depends on the condominium documents. Check whether they allow the Association to recover pre-litigation attorney fees and costs, litigation attorney fees and costs, or both. The Board may also need to adopt a resolution assessing those amounts back to the owner and provide notice of the assessment. If your condominium documents do not allow recovery of pre-litigation or litigation attorney fees and costs, consider amending them for future enforcement matters.
What will Hirzel Law need from our association?
- Your governing documents and current rules
- The violation record, dates, photos, and any witnesses
- Any prior notices or correspondence with the owner
- Your enforcement or fining policy, if adopted
Do You Need an Attorney?
Not every violation requires an attorney. Consider involving legal counsel when the violation is disputed, the condominium documents are unclear, fair-housing concerns are involved, fines are challenged, or the matter may require legal action. An experienced community association attorney can help the Board:
- Determine whether the violation can be enforced
- Follow the proper notice, hearing, and fine process
- Address fair-housing or accommodation issues
- Recover attorney fees and enforcement costs where the condominium documents allow
- Pursue further enforcement, including formal demand or litigation, when needed
From the first violation notice through litigation, Hirzel Law can help your Board understand its enforcement options, follow the required process, and determine the next step.
This material is provided for general informational purposes and is not legal advice. Legal rights and deadlines depend on the particular facts, governing documents, contracts, claims, and applicable law.