A Board Member’s Checklist, Michigan Condominiums & HOAs
Your governing documents say what owners can and cannot do; policies say how the board will respond. That gap is where associations get into trouble. Written, consistently applied policies keep enforcement practices defensible, protect the board from claims of selective enforcement, and, in Michigan, at least one policy is now required by statute with a hard deadline.
“Written policies are where the rubber meets the road for associations. They provide transparency for owners by identifying the steps that the board of directors will take and when those steps will be taken so that the governing documents are applied consistently.”
Required
Mandatory for all HOAs to have under the Homeowners’ Energy Policy Act (MCL 559.301 et seq.). Condominium associations are encouraged to discuss with a Hirzel Law attorney whether this policy is mandatory for them. This policy must be adopted by April 1, 2026, made available on request, and posted online. Missing the deadline may let owners install solar panels without approval and file a lawsuit to recover attorney’s fees.
Recommended
Identifies due dates, late charges, when an account goes to the attorney, and other consequences of non-payment. The foundation of consistent, recoverable collections.
Recommended
Provides a complaint procedure, written notice, an opportunity for a hearing, and authorized remedies. Due process is what makes fines stick.
Recommended
Explains how owners report, and how the board investigates and responds to, discrimination or harassment complaints.
Recommended
Owners may inspect their association’s records by complying with MCL 450.2487. Most governing documents do not identify the statutory requirements for an inspection or how an inspection will be conducted.
Michigan policy requirements depend on your association type, HOA or condominium, and your governing documents.
Do not rely on a general checklist to determine your association’s obligations. Have your association type and documents reviewed by counsel.
If several of these apply, a policy package is usually the fastest, cheapest fix, and applies in nearly every enforcement action that follows.
3
policies drafted for a 50-unit condominium: collection, bylaw enforcement, and solar energy
A condominium association’s board knew it had the right to charge late fees and interest on delinquent assessments and to fine owners for other violations. What it didn’t have was a process for doing so. Hirzel Law drafted a collection policy and a bylaw enforcement policy. After walking the board through the Homeowners’ Energy Policy Act, we added a solar energy policy as well. One short phone call later, the board had a clear, step-by-step process for enforcing its governing documents.
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.
Drafting policies is inexpensive relative to the liability they prevent. Most are prepared as standardized documents for a modest flat fee, while adding custom and particular provisions to address specific concerns costs more. Many boards have more than one prepared together as a package rather than one at a time.
| Policy work | How it’s billed |
|---|---|
| Required solar energy policy (initial compliance draft) | $500 flat fee |
| Full set of required and recommended policies | $500 per policy |
| Custom or complex individual provisions or entire policy | Hourly ($325–$525/hr) |
For the Solar Energy Policy, yes, because there is specific language that must be included, and reviewing a draft created by the board usually costs the same, if not more, than the $500 flat fee. For the rest, counsel makes sure the policy matches your documents and meets Michigan law, so it holds up if challenged.
Michigan HOAs must adopt a written Solar Energy Policy by April 1, 2026 (MCL 559.301 et seq.). Condominium associations are encouraged to contact an attorney at Hirzel Law to discuss whether the Homeowners’ Energy Policy Act applies to them. The other policies are strongly recommended best practices.
Governing documents say what owners must or cannot do, and the association’s ability to address violations; they rarely detail the process for how a board must proceed in a given situation. Policies bridge that gap by detailing how the board will respond, consistently. That consistency is what protects you from selective-enforcement claims.
Owners may potentially be able to install solar without the association’s knowledge or approval and have the ability to file a lawsuit for the lack of a policy. Adopting the policy late is far cheaper than defending that suit.
Board members are volunteers, but gaps between the governing documents and enforcement become the board’s liability the day a dispute starts. A current, well-drafted policy set can help the board:
Before owners start installing solar panels or the next dispute finds the gap, schedule a Michigan policy review with Hirzel Law.
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.