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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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The HOA subdivision has not met the requirement of

Customer Question

The HOA for our subdivision has not met the requirement of a quorum in well over a decade. They have become accustomed to electing people to the board by invitation only. The homeowners never vote. The 5 board members are the only people who ever vote. This is all in violation of our bylaws. This practice in my opinion has resulted in a sense of "ownership" and an abuse of power. Are there any state laws that protect homeowners from this type of practice. We have numerous bylaws that govern, meetings, elections, vacancies, etc but they violate them all.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 8 months ago.
Dear Customer,I am sorry to learn of this situation.While most of these problems that you have identified can be dealt with through simple applications of contract law and corporate law (breach of contract and violations of fiduciary duty claims), there are other state laws that do apply to common interest developments (including HOAs) in Michigan.This link has a compilation of these statutes: http://www.hoa-usa.com/statelaws/mi.aspxYou can bring a lawsuit against the HOA to enforce these provisions (under any of these above, applicable, considerations - most lawsuits raise multiple theories for recovery/enforcement). Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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