I bet you audibly sighed when you read the words homeowner's association.

Whenever you hear about someone's homeowner's association, it is always some sort of horror story.

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With all of those horror stories, there are probably worries about how much power the HOAs have on people's property.

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Can a homeowner’s association legally take your house in Michigan?

Homeowner's Association

If you have a home, you either love or absolutely hate your homeowner's association. For those who do not know what an HOA is, let me explain.

Investopedia says,

"A homeowner association (HOA) is an organization in a subdivision, planned community, or condominium building that makes and enforces rules for the properties and residents. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, which are known as HOA fees. Some associations can be very restrictive about what members can do with their properties while others may give residents more freedom."

HOPB says that there is not a specific statute or law that governs homeowner's associations.

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So it may seem like homeowner's associations can do whatever they want to do.

Can A Homeowner’s Association Legally Take Your House In Michigan?

In Michigan, an HOA can (and will) get a lien on your home. So, in a way, they technically can take your house.

While it is not guaranteed, it is always smart to have a legal defense in hand.

Nolo.com says that,

"The COA or HOA can usually get a lien on your home if you become delinquent in paying the assessments. After you default on the assessments, the COA or HOA may foreclose. Lien priority determines what happens to other liens, like a mortgage, if a COA or HOA lien is foreclosed."

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Charges

State law and the HOA's governing documents can have charges that are included in the lien.

For Michigan, here are the charges that a lien can have:

  • assessments
  • late charges for any past-due assessments
  • collection costs
  • advances made by the association for taxes or other liens
  • fines in accordance with the COA documents
  • interest, and
  • attorneys' fees

All in all, make you are in good standing with your homeowner's association so there are no problems.

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