Michigan HOA Open Meeting Law: What Board Members Need to Know

Michigan HOA Open Meeting Law: What Board Members Need to Know

Michigan has no state statute that requires homeowner association boards to hold open meetings. Unlike condo associations in Michigan, which fall under the Condominium Act and have specific meeting notice and access rules, HOA boards in single family home communities operate under their own governing documents. The Michigan Attorney General's office and county circuit courts oversee HOA governance disputes, but neither imposes a statewide open meeting requirement on HOA boards.

Your association's bylaws and declaration of covenants determine whether your board meetings must be open to members, what notice you must provide, and what topics you can discuss in executive session. If your documents are silent on meeting access, Michigan common law fiduciary duty requires your board to act transparently and in the best interest of members, but it does not mandate that every meeting be open.

What Michigan HOA Boards Can Discuss in Private

Most Michigan HOA bylaws permit your board to close meetings for executive session when discussing certain sensitive topics. Common executive session topics include pending or anticipated litigation, personnel matters involving employees or contractors, member discipline or rule enforcement, contract negotiations where public disclosure would harm the association's position, and attorney client communications.

Your executive session authority comes from your bylaws. If your governing documents list specific topics that qualify for closed session, you must limit your private discussions to those topics. If your bylaws are silent, you have broad discretion, but you also face higher risk of member challenges if you close meetings without clear justification.

A typical pattern in Michigan associations is to hold the general business portion of the meeting in open session, allow members to observe budget discussions and maintenance decisions, and then move into executive session for litigation updates or personnel reviews. After executive session, your board reconvenes in open session to take any votes required by your documents.

Notice Requirements and Member Access

Michigan law does not prescribe how much notice your board must give before a meeting. Your bylaws control the notice period. Review your governing documents to confirm whether you must provide written notice 7 days, 10 days, or 14 days before a meeting. Some associations require notice only to board members, while others require notice to all homeowners.

If your bylaws require open meetings, you must allow members to attend and observe. Members typically cannot participate or speak unless your bylaws or the board's adopted rules permit a member comment period. Your board can adopt meeting rules that specify where members sit, whether they can record the meeting, and how they submit questions.

Michigan courts recognize that boards need flexibility to conduct business efficiently. A 2019 dispute in Oakland County involved a homeowner who sued his HOA after the board refused to allow him to videotape a meeting. The trial court ruled that the bylaws gave the board authority to set meeting rules, and the board's prohibition on recording was reasonable. The homeowner appealed, but the parties settled before the appellate court issued a ruling. The case illustrates that your board can control meeting logistics as long as your rules are consistent with your governing documents.

What Happens When You Violate Your Own Rules

If your bylaws require open meetings and you close a meeting without proper executive session authority, a member can challenge any action the board took at that meeting. Michigan courts have authority to void board decisions made in violation of the association's own governing documents. The remedy depends on the severity of the violation and whether members were harmed.

A concrete example: the Woodbridge Hills Homeowner Association in Grand Rapids adopted bylaws in 2014 that require all board meetings to be open unless the board votes to enter executive session for one of five listed reasons. In 2022, the board held a closed meeting to discuss a landscaping contract and voted to award the contract without reconvening in open session. Three members filed a complaint in Kent County Circuit Court arguing that the board violated the bylaws because contract negotiations were not among the five executive session topics. The court ordered the board to re vote on the contract in an open meeting and required the association to pay the plaintiffs' attorney fees. The dispute cost the association over $18,000 in legal fees and delayed the landscaping project by six months.

Your risk increases when you take final action in executive session. Michigan courts distinguish between deliberation and voting. Even if your bylaws permit closed discussions of sensitive topics, most require you to return to open session for any final vote. If you vote in executive session when your bylaws require an open vote, that vote is voidable.

Condo Associations Have Different Rules

If your association is organized under Michigan's Condominium Act, MCL 559.101 through 559.276, you face stricter meeting requirements. The Condominium Act requires condo boards to give notice of meetings, allow unit owners to attend, and provide a reasonable opportunity for unit owners to speak. MCL 559.155 governs condo association meeting procedures.

Most conflicts arise when HOA boards confuse their obligations with condo board obligations. If you govern a planned community of single family homes with covenants but no condominium declaration, the Condominium Act does not apply to you. Your bylaws are your rulebook.

How to Establish Clear Meeting Practices Now

Pull your association's bylaws, declaration, and any board resolutions that address meetings. Identify the following: whether your bylaws require open meetings, how much notice you must give, what topics qualify for executive session, whether you must allow member comment, and what votes can occur in executive session versus open session.

Document your board's meeting protocol in writing. Create a one page summary that lists the notice period, the executive session topics, the voting rules, and the member access policy. Share this summary with all board members and post it on your association's website or member portal if you have one. Update the summary whenever you amend your bylaws.

Schedule your meetings consistently. Many Michigan associations meet monthly or quarterly on a fixed day. A predictable schedule reduces notice disputes and allows members to plan attendance. If you must hold a special meeting, follow your bylaws' special meeting notice procedure exactly.

Consult your attorney for your specific situation if you have any doubt about whether a topic qualifies for executive session. Attorney fees for a 30 minute consultation cost far less than the fees to defend a lawsuit over an improperly closed meeting.

How Manorway Helps You Stay Compliant

Manorway's AI assisted platform lets you schedule board meetings, generate notice templates, and track which meetings were open and which were closed. You can attach meeting agendas, record attendance, and store minutes in a centralized location that your attorney can access during a dispute. When your board documents every meeting decision and maintains a clear audit trail, you protect yourself from claims that you violated your own rules.

The platform reminds you of upcoming meetings based on your bylaws' notice requirements. You can flag executive session items on your agenda and ensure that any final votes occur in open session if your documents require it. Manorway does not replace legal counsel, but it helps you organize the records your counsel will need if a member challenges a board action.

Recent Developments in Michigan HOA Governance

Michigan has seen increased litigation over HOA board transparency since 2020. The Michigan Attorney General's office received over 400 complaints about HOA governance in 2023, up from 290 in 2021. Most complaints involved budget disputes, election procedures, and meeting access. The Attorney General does not have statutory authority to regulate HOAs the way it regulates condo associations, but it can investigate whether an HOA violated consumer protection laws.

In 2024, a bill was introduced in the Michigan House of Representatives that would have required all HOA boards to hold open meetings and provide advance notice to members. The bill did not pass, but its introduction reflects growing member demand for transparency. If similar legislation passes in the future, your association will need to amend its practices even if your current bylaws do not require open meetings.

Your safest course is to treat meeting transparency as a best practice even when your bylaws do not mandate it. Open meetings reduce member distrust, create accountability, and produce a record that protects your board if a decision is later challenged. Close meetings only when you have a legitimate executive session reason, and always reconvene in open session for final votes.

Action Steps for Your Board

Review your bylaws this month and confirm your meeting rules. If your bylaws require amendments to clarify executive session authority or notice periods, bring the issue to your next board meeting and discuss whether to propose amendments to the membership. Many Michigan associations adopted their bylaws decades ago and have never updated meeting procedures to reflect current best practices.

Create a meeting checklist that includes the notice deadline, the agenda template, the executive session motion language, and the open session voting procedure. Assign one board member to verify that notice went out on time before every meeting. Store all meeting notices, agendas, and minutes in a single location that your entire board can access.

Train new board members on your meeting rules within 30 days of their election. Provide them with a copy of the bylaws, the meeting protocol summary, and contact information for your association's attorney. A board member who does not understand the rules will make mistakes that cost the association money and credibility.

When you use Manorway to manage meeting logistics, you reduce the administrative burden on your board and ensure that you follow your bylaws consistently. The platform tracks which members attended, what motions passed, and what items were discussed in executive session. You can generate a compliance report for your annual review and demonstrate to members that your board followed proper procedure throughout the year.