Legal Question in Civil Litigation in Michigan

Property owners association

My husband and I purchased a house last year. We had the opportunity to become members of the Lake Isabella Property Owners Association at that time, but we declined. We have decided that we would like to become members this year, but they are telling us that we have to pay for last year as well as this year. They told us that anyone who has owned property but has not been part of the association has to pay association dues for the years that they were not a part of the association. For example, if someone had lived elsewhere for fifteen years but owned property at Lake Isabella and were not part of the association, decided to now become members of the association, they would have to pay for dues now for that 15 years. Can they do that?


Asked on 2/01/03, 5:25 pm

1 Answer from Attorneys
Thomas Weiss McClintic & Weiss, P.C.

Re: Property owners association

It depends on the status of the association, and whether you had notice of the existence of the association and any requirement of membership in that association when you purchased the property.

If membership is optional, then of course you can join or not, but if you join then you are subject to their bylaws - if the bylaws require dues payments back to property acquisition, I suppose that is their right, but they also have the ability to waive those fees upon application to the board.

On the other hand, if membership in the association is required as part of your obligation of property ownership, then their negotiating position is very strong; they could, in that case, bring a court action to collect the past due assessments.

The law on associations, which is related to condominium law, is well established. The key in determining your rights, obligations and duties is contained in the association bylaws and the deed to your property.

Let me know if I can help. We are primarily a property law firm here in Mt. Pleasant.

Best regards,

Tom Weiss

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Answered on 2/02/03, 2:34 pm


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