Michigan HOA and Condo Election Rules: Notice, Quorum, Proxies, Ballots and the Developer Handover (2026)

Quick Answer

Michigan has two statutes that matter for an association election, and only one of them says how to vote. The Condominium Act (MCL §559.101 and following) sets no quorum, meeting notice or proxy rule for co-owners. It leaves administration to the bylaws recorded with the master deed (§559.153). The Nonprofit Corporation Act (MCL §450.2101 and following) supplies the meeting and voting defaults for any association incorporated as a Michigan nonprofit corporation, condominium or subdivision. Your documents override most of them.

This is our reading of the Michigan Compiled Laws, offered to support your own review, and it is not legal advice. Your master deed, bylaws, articles of incorporation and recorded restrictions override most of these defaults. Confirm with your association's attorney before you rely on any one of them.

Which Law Governs Your Association

Start with one question: was your community created by a recorded master deed? Then it is a condominium under the Condominium Act, whatever the buildings look like. The master deed is the recorded document with the bylaws and the condominium subdivision plan attached (§559.108), and the act expects units that are building sites: it describes a residential builder buying units "for the purpose of residential construction on those condominium units" (§559.106(2)(b)). A street of detached houses can be a Michigan condominium.

Condominiums. Bylaws recorded as part of the master deed govern administration (§559.153). The act's list of what those bylaws must contain (records, a yearly financial statement, indemnification, arbitration and a few others) does not include meetings, quorum, notice or proxies (§559.154). When the association of co-owners is a Michigan nonprofit corporation, the Nonprofit Corporation Act fills those gaps, and it gives the members of a condominium association the voting rights designated in the master deed (§450.2304(4)).

Subdivisions. Michigan has no general homeowners association act. The Homeowners' Energy Policy Act (2024 PA 68) covers solar panels and other energy-saving improvements, not votes. An incorporated HOA takes the Nonprofit Corporation Act's defaults, and its articles or bylaws may give votes by the number of lots each member owns (§450.2304(5)). An unincorporated HOA has only its recorded restrictions and bylaws.

An association formed under some other Michigan act reads that act first (§450.2123(1)).

Notice: 10 to 60 Days, With the Purposes Stated

Written notice of the time, place if any, and purposes of a members' meeting goes to each member of record entitled to vote, not less than 10 or more than 60 days before the meeting, personally, by mail or by electronic transmission (§450.2404(1)(a)).

• No shortcut for elections. The act allows a meeting without notice, or on the notice the documents prescribe, only when it does not involve electing directors or other governance votes (§450.2404(8)). A member can still waive notice by a signed or electronic waiver, or by attending without objecting (§450.2141; §450.2404(6)).
• Member proposals. The notice includes any proper proposal a member told the corporation in writing it intends to present (§450.2404(3)).
• Remote means. If members may attend remotely, the notice describes how (§450.2404(7)).

Email. Where the act requires written notice, electronic transmission is written notice (§450.2143(2)), and it is given when sent "in a manner authorized by the person" (§450.2143(4)). Notice by an electronic form the member has consented to is effective (§450.2406a). Keep a record of who agreed to email and mail paper to everyone else. Mailed notice goes by registered, certified or other first class mail and is given when deposited (§450.2143(1)).

Record date. The bylaws or a board resolution set it 10 to 60 days before the meeting, never before the resolution. If none is set, it is the close of business on the day before notice is given (§450.2412(1)). An adjourned meeting needs no new notice if the new time and place are announced, unless the bylaws require one (§450.2404(4)).

Quorum and What It Takes to Win

Unless the articles, a bylaw adopted by the members or incorporators, or the act set a greater or lesser quorum, members entitled to cast a majority of the votes are a quorum. Once the meeting is under way, those still present in person or by proxy may keep doing business if others leave, and a meeting may be adjourned whether or not a quorum is there (§450.2415(1)).

An action other than electing directors passes with a majority of the votes cast, unless the articles require more. Abstaining, or returning a ballot marked "abstain", is not a vote cast. Directors are elected by a plurality unless the articles provide otherwise (§450.2441(2)): in a race for three seats, the three candidates with the most votes win. Cumulative voting exists only if the articles provide for it (§450.2451(1)).

A majority quorum is a high bar. In a hypothetical 200-lot association with one vote per lot and silent documents, it is 101 lots. If the annual meeting is not held for 90 days after its designated date, a member may ask the circuit court to order it, and at a court-ordered meeting the members present in person or by proxy are a quorum (§450.2402). See what happens when an annual meeting fails quorum and HOA quorum requirements by state, or run your numbers in the quorum calculator.

Proxies: Three Years Unless the Proxy Says Otherwise

The Condominium Act has no proxy provision, so for an incorporated association §450.2421 applies. Unless a statute, the articles or a member-adopted bylaw provides otherwise, a member entitled to vote at a meeting or by ballot may act by proxy (§450.2421(1)). A proxy is not valid after 3 years from its date unless it says otherwise, and the member may revoke it (§450.2421(2), (3)). It may be granted by a signed writing, or by an electronic transmission with information showing the member authorized it (§450.2421(5)). Many bylaws shorten the term, so check yours. Other states are compared in HOA proxy voting rules by state.

Voting by Ballot Without a Meeting

This is the section that makes an online or mailed election workable, and it has a condition: the authority must be in the articles of incorporation or in bylaws approved by the members (§450.2408(1)). A board resolution does not switch it on.

With that authority, any action the members could take at an annual or special meeting, including electing directors, may be taken without a meeting if a ballot goes to each member entitled to vote in the manner §450.2404 provides for notice: personally, by mail or by electronic transmission.

• The ballot sets forth each proposed action, offers a vote for or against each, and states when the corporation must receive it: not less than 20 or more than 90 days after the ballot goes out (§450.2408(2)).
• Approval requires that the members voting by ballot at least equal the quorum a meeting would need, and that the votes in favor at least equal what a meeting would need with the same number of votes cast. An abstention or an invalid ballot is not a vote cast (§450.2408(3)).
• No revoking a ballot once received, unless the articles or bylaws allow it (§450.2408(4)).
• Member items. If holders of 10 percent of the member votes submit a proposal, it goes on a ballot (§450.2408(6)).

The annual meeting rule bends to fit: the association holds one to elect directors unless the members act by written consent or by ballot (§450.2402). For a ballot vote, the record date must be not more than 60 or fewer than 20 days before the ballot deadline (§450.2412(1)).

Section 450.2409 allows the same kind of vote at polling places the corporation sets up. Section 450.2407 allows written consent, but an emailed consent is not delivered until a paper copy reaches the registered office, the principal office or the keeper of the minutes (§450.2407(4)), which makes it a poor fit for a contested race.

If your documents do not authorize ballots, hold the election at a meeting members may attend remotely, and ask the members to add ballot voting to the bylaws for the next one.

Remote Attendance

Unless the articles or bylaws restrict it, members and proxy holders may attend by conference telephone or other remote communication, which counts as presence in person, and the board may hold the meeting entirely remotely (§450.2405(1) to (3)). For a remote vote to count, the corporation takes reasonable measures to verify that each person is a member or proxy holder, gives each a reasonable opportunity to participate and vote as the proceedings happen, and keeps a record of each remote vote (§450.2405(4)). At an all-remote meeting the members list is posted on a reasonably accessible electronic network, with access details in the notice (§450.2413(1)(c)).

Electing, Removing and Replacing Directors

• Size and terms. At least 3 directors (§450.2505(1)). Unless the articles or bylaws set terms, they are elected at each annual meeting to serve until the next (§450.2505(2)), and they may be staggered in up to 5 classes (§450.2506(1)). A director serves until a successor is elected and qualified (§450.2505(4)).
• Who counts. The board may appoint inspectors in advance. Otherwise the person presiding may, and must if a voting member asks. Inspectors rule on quorum, proxies and challenges, count the votes and determine the result, and on request give a written report that is prima facie evidence of the vote (§450.2431).
• The list. A certified alphabetical list of voting members, with addresses, is produced at the meeting. If it is missing and a member challenges in good faith whether there are enough votes, the meeting is adjourned until the list is produced (§450.2413).
• Co-owners. Any one co-owner may vote a jointly held membership unless another seeks to vote it. Then a written agreement, or the majority in interest of those present, decides (§450.2446).

Removal. Members may remove directors with or without cause, unless the articles allow removal only for cause, by "a vote of a majority of the shares or members entitled to vote at an election of directors" (§450.2511(1)). Read literally, that is a majority of everyone entitled to vote, not of those who attend: 101 votes in the 200-lot example. A court may also remove a director for fraudulent, illegal or dishonest conduct or gross abuse of authority, in a case brought by the corporation or by 10 percent of the members (§450.2514(1)).

Vacancies. Unless the documents limit it, the members or the board fill a vacancy, and directors left fewer than a quorum may fill it by a majority of all of them (§450.2515a(1)). More in how to fill a board vacancy and the recall process by state.

The Developer Handover in a Condominium

The Condominium Act writes this election out (§559.152). "Units that may be created" means the maximum in all phases as stated in the master deed (§559.152(6)).

• Advisory committee of non-developer co-owners: 120 days after one-third of the units are conveyed to them, or 1 year after the first such conveyance, whichever comes first (§559.152(1)).
• At 25 percent conveyed, within 120 days: they elect at least 1 director and not less than 25 percent of the board (§559.152(2)).
• At 50 percent, within 120 days: not less than one-third of the board.
• At 75 percent, within 120 days and before 90 percent: all directors, except that the developer may designate at least 1 while it owns and offers for sale 10 percent of the units, or 10 percent of the units remain that may be created.
• At 54 months after the first conveyance, if 75 percent have not been conveyed: a share of the board equal to the percentage of units they hold (§559.152(3)), with a fraction of 0.5 or more rounded up (§559.152(4)).
• Builders. A sale to a residential builder counts only once the builder conveys the unit with a completed residence, or a completed residence on it is occupied (§559.152(7)).

The board elected when non-developer votes first exceed the developer's takes office on the "transitional control date" (§559.110(7)). On that date or within 90 days after, it may void a service or management contract with the developer or its affiliates (§559.155(1)). See the developer turnover election guide.

Amendments, the Audit Vote and Records

• Amendments. The master deed, bylaws and subdivision plan may be amended, even materially, with the consent of not less than two-thirds of the votes of the co-owners and mortgagees, a figure the documents cannot raise (§559.190(2)), counted against all co-owners entitled to vote on the record date (§559.190(8)). Co-owners are notified at least 10 days before an amendment is recorded (§559.190(5)).
• The audit. An association with annual revenues above $20,000 has its books audited or reviewed by a certified public accountant each year, unless a majority of its members vote to opt out for the year, by any means its bylaws permit (§559.157(2), (3)).
• Records. Condominium books, records, contracts and financial statements are open to co-owners and their mortgagees at convenient times (§559.157(1)). A member of a nonprofit corporation may inspect its records for a proper purpose on written demand, and may go to court if not allowed to within 5 business days (§450.2487(2), (3)).

How a Michigan Election Runs, From Notice to Result

• 1Read the documents for the quorum, the vote allocation, any proxy limits and any §450.2408 ballot authority.

• 2Set the record date: 10 to 60 days before a meeting, or 20 to 60 days before a ballot deadline (§450.2412(1)).

• 3Prepare the alphabetical voter list with addresses (§450.2413(1)).

• 4Send the notice 10 to 60 days ahead with the purposes (§450.2404), or the ballot, with a deadline 20 to 90 days out (§450.2408(2)). Email only owners who agreed to it.

• 5Collect votes, checking proxy dates (§450.2421) and recording remote votes (§450.2405(4)).

• 6Count. Inspectors confirm the quorum; a plurality elects directors and a majority of the votes cast decides the rest (§450.2431; §450.2441(2)).

• 7Report. The inspectors' written report goes into the minutes.

On vote.direct, a §450.2408 ballot vote is one election: online ballots by email or text with a code for each owner, a mailed paper packet with a prepaid return envelope for owners who have not agreed to electronic delivery, weighted voting for percentage-of-value condominiums, and quorum tracked while voting is open. A result certificate and an exportable audit record follow, and a free test election with up to 5 test voters can come first. The citations are collected on Michigan HOA voting rules.

FAQ

Q: Does Michigan law allow online voting for an HOA or condo association?

Yes, for an incorporated association whose articles or member-approved bylaws provide for it. MCL §450.2408 lets any member action, including electing directors, be taken by a ballot delivered the way meeting notice is, which includes electronic transmission. Members may also attend and vote remotely unless the documents restrict it (§450.2405). The Condominium Act does not address electronic voting.

Q: What is the quorum for a Michigan HOA meeting?

The number in your articles, or in a bylaw the members or incorporators adopted. If they are silent, members entitled to cast a majority of the votes (MCL §450.2415(1)). The Condominium Act sets none.

Q: How much notice is required for a Michigan HOA annual meeting?

Written notice of the time, place and purposes, 10 to 60 days before the meeting, given personally, by mail or by electronic transmission (MCL §450.2404(1)).

Q: How long is a proxy valid in Michigan?

Three years from its date unless the proxy says otherwise, and the member may revoke it (MCL §450.2421(2), (3)). Your articles or member-adopted bylaws can limit proxies.

Q: How do you remove a board member in a Michigan HOA?

By a majority of the members entitled to vote at an election of directors, with or without cause, unless the articles allow removal only for cause (MCL §450.2511(1)).

Q: When does a Michigan condo developer have to turn over the board?

In steps. Non-developer co-owners elect at least 25 percent of the board within 120 days after 25 percent of the units that may be created are conveyed to them, at least one-third at 50 percent, and all directors at 75 percent, apart from a seat the developer may keep while it owns and offers for sale 10 percent of the units or 10 percent remain to be created. A 54-month rule applies if sales stall (MCL §559.152).

The Bottom Line

The Condominium Act tells a Michigan condominium who votes and how the developer hands over the board. The Nonprofit Corporation Act supplies the rest: 10 to 60 days of notice, a majority quorum unless your documents set another, three-year proxies, a plurality for directors, and a ballot route your articles or member-approved bylaws must switch on. If yours do not, put that amendment to the members before the next election.

Sources: Michigan Compiled Laws, Condominium Act (1978 PA 59): MCL §559.106, §559.108, §559.110, §559.152 to §559.155, §559.157, §559.190. Nonprofit Corporation Act (1982 PA 162): MCL §450.2123, §450.2141, §450.2143, §450.2304, §450.2402, §450.2404, §450.2405, §450.2406a, §450.2407 to §450.2409, §450.2412, §450.2413, §450.2415, §450.2421, §450.2431, §450.2441, §450.2446, §450.2451, §450.2487, §450.2505, §450.2506, §450.2511, §450.2514, §450.2515a. Homeowners' Energy Policy Act (2024 PA 68). Read at legislature.mi.gov on November 12, 2026.

Every rule on one page: Michigan HOA voting rules, with quorum, notice, proxy and electronic voting at a glance.