HOA Board Elections in Michigan: Procedures, Requirements, and Common Mistakes

The Short Answer

Michigan HOA board elections must comply with both the Michigan Condominium Act and the community's bylaws. Common mistakes — including improper notice, quorum failures, and flawed ballot procedures — can invalidate elections and create legal disputes. Getting the procedure right matters.

The Legal Framework for Michigan HOA Elections

HOA board elections in Michigan are governed by two overlapping sources of authority: the Michigan Condominium Act (MCL 559.101 et seq.) and the community's own governing documents (typically the bylaws). When these sources conflict, the governing documents generally control as long as they don't violate the Act.

The Michigan Condominium Act establishes baseline requirements for annual meetings, co-owner voting rights, and board governance. But many of the specific procedural details — how candidates are nominated, how votes are cast and counted, what constitutes a quorum, and how ties are broken — are determined by the community's bylaws.

This means that before every election, boards should carefully review their bylaws to understand the specific requirements that apply to their community. Bylaws for communities formed decades apart, or by different developers, can differ significantly in their election procedures.

Notice Requirements for Michigan HOA Annual Meetings

Proper notice is the foundation of a valid election. Michigan HOA bylaws typically require notice of the annual meeting to be sent to all co-owners a specified number of days in advance — often 10 to 30 days. The notice must include the date, time, and location of the meeting, as well as the agenda.

For election purposes, the notice should also inform co-owners of the number of board seats up for election and explain the nomination procedure. If the bylaws require candidates to submit nomination forms or petitions in advance, the notice should include this information and the deadline.

Common notice mistakes include: sending notice fewer days in advance than required by the bylaws; failing to send notice to all co-owners of record (using an outdated mailing list); sending notice only by email when the bylaws require written notice; and failing to include all required information in the notice.

Any of these mistakes can be used to challenge the validity of the election if a co-owner objects. Michigan courts have invalidated HOA elections based on defective notice, so boards should take this requirement seriously.

Quorum Requirements and What to Do When You Can't Achieve Quorum

Most Michigan HOA bylaws require a quorum of co-owners (or their proxies) to be present at the annual meeting in order to conduct business, including board elections. Quorum requirements vary — some bylaws require 10% of co-owners, others require 25% or more.

When a community consistently fails to achieve quorum, the annual meeting cannot conduct business. This is a more common problem than many boards realize, particularly in communities with low homeowner engagement or where many units are investor-owned.

Options for addressing quorum failures include: allowing voting by proxy or mail-in ballot (if permitted by the bylaws); adjourning the meeting and reconvening later (many bylaws allow a reduced quorum at an adjourned meeting); amending the bylaws to reduce the quorum requirement; or allowing voting by electronic means (increasingly common post-pandemic, but requires bylaw authorization in most Michigan communities).

If your community regularly struggles with quorum, Association Property Managers can help your board evaluate options for increasing participation or amending your bylaws to address the issue.

Ballot Procedures and Counting

The specific ballot procedure for Michigan HOA elections varies by community. Some bylaws require in-person voting at the annual meeting. Others allow mail-in ballots, proxy voting, or electronic voting. The bylaws are the controlling authority on which methods are permitted.

For in-person voting, the board should appoint inspectors of election who are not board candidates to receive, count, and certify the ballots. The results should be announced at the meeting and recorded in the meeting minutes.

Mail-in ballot procedures require careful attention to timing (when ballots must be returned), authentication (ensuring only eligible co-owners submit ballots), and security (preventing tampering). Electronic voting systems are increasingly available and can simplify the process while maintaining security, but they must be authorized by the governing documents.

Common ballot counting mistakes include: counting ballots from co-owners with unpaid assessments (many bylaws suspend voting rights for delinquent owners); accepting ballots received after the deadline; and failing to maintain a record of the ballots cast.

Frequently Asked Questions

Can a Michigan HOA hold board elections by email or online voting?

It depends on the community's bylaws. Many Michigan HOA bylaws were written before electronic voting was common and may not explicitly authorize it. Some communities have amended their bylaws to allow electronic voting; others use electronic voting without a clear bylaw authorization, which creates risk. If your community wants to use electronic voting, consult your HOA attorney about whether a bylaw amendment is required.

What happens if a Michigan HOA board election is contested?

If a co-owner believes an election was conducted improperly, they can challenge the election through internal procedures (such as raising the issue at the meeting or with the board) or through legal action. Michigan courts have jurisdiction over disputes about HOA elections. Prevention is far better than litigation — following proper procedures is the best protection.

How many board members does a Michigan HOA need?

The required number of board members is set by the community's bylaws. Most Michigan HOA bylaws require a minimum of three board members, often five. The bylaws also establish term lengths (commonly one or two years) and staggered terms (so not all seats are up for election at once).