Michigan MCL 559.207 and 559.215: Suing to Enforce Documents

Quick Answer

Two short sections of the Michigan Condominium Act govern lawsuits to enforce condominium rules. MCL 559.207 lets a co-owner sue the association and its officers and directors to compel them to enforce the condominium documents, and lets a co-owner sue another co-owner for an injunction, damages or both. MCL 559.215 lets "a person or association of co-owners adversely affected by a violation" of the Act, its rules, or an agreement or master deed bring an action for relief.

Attorney fees in a suit against the association are shifted only "to the extent that the condominium documents expressly so provide."

At a Glance

What the Law Says

MCL 559.207: suits to enforce the documents

The section has three sentences:

• "A co-owner may maintain an action against the association of co-owners and its officers and directors to compel these persons to enforce the terms and provisions of the condominium documents."
• "In such a proceeding, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as determined by the court, to the extent that the condominium documents expressly so provide."
• "A co-owner may maintain an action against any other co-owner for injunctive relief or for damages or any combination thereof for noncompliance with the terms and provisions of the condominium documents or this act."

MCL 559.215: action by an adversely affected person or association

Subsection (1) says "A person or association of co-owners adversely affected by a violation of or failure to comply with this act, rules promulgated under this act, or any provision of an agreement or a master deed may bring an action for relief in a court of competent jurisdiction. The court may award costs to the prevailing party."

Subsection (2) says a developer who offers or sells a unit in violation of section 21 or 84a "is liable to the person purchasing the condominium unit for damages."

What This Means in Practice

For boards

Under 559.207, a co-owner can ask a court to compel the association and its officers and directors to enforce the documents. Directors can be named. Our reading: a board that consistently ignores a clear document violation can face this kind of suit, but the statute does not define how much enforcement effort is enough or give the board a safe harbor. That is a question for counsel.

The same section lets the association be a prevailing party. The fee clause runs both ways: "the association of co-owners or the co-owner, if successful," recovers costs and reasonable fees, but only "to the extent that the condominium documents expressly so provide." Check whether your bylaws have an express fee provision. If they do not, our reading is that the statute does not fill the gap for this type of suit.

For owners

A co-owner can sue another co-owner directly for an injunction, damages or both when that owner does not comply with the documents or the Act. The statute does not require first asking the association, and does not set a pre-suit notice. Whether your documents require an internal step first, or require arbitration for projects covered by MCL 559.154(8) to (11), is a separate question; see mandatory bylaw provisions and ADR.

Because 559.215(1) refers to a "person or association" adversely affected, it extends beyond co-owners to others adversely affected by a violation. We did not read case law on who qualifies, so we do not state a rule about standing or about selective enforcement. For an example of how courts discuss a co-owner's duties, see our Janini v. London Townhouses page.

Costs and fees compared

Open questions (our reading)

• The sections do not set a statute of limitations; confirm the applicable period with counsel.
• They do not say whether a board's business judgment is a defense.
• They do not say whether a suit against directors seeks personal damages. The text speaks of compelling enforcement. See director duties and liability for the separate liability framework.

Timeline

Related Michigan Law

• Janini v. London Townhouses: condo duty to co-owners
• Mandatory bylaw provisions and ADR (MCL 559.154)
• Leasing and tenant enforcement (MCL 559.212)
• HOA violation enforcement in Michigan
• Disability modifications (MCL 559.147a)

Board Checklist

• Check the bylaws for an express attorney-fee clause, since 559.207 depends on it.
• Keep a written record of how each reported violation was handled.
• Respond in writing to owner complaints about non-enforcement.
• Notify the insurance carrier promptly if the association or directors are sued.
• Check whether your documents require arbitration or another step before suit.
• Get counsel involved early when a co-owner threatens to sue over enforcement.
• Review enforcement consistency across similar violations.

Frequently Asked Questions

Can a co-owner sue the condo board?

MCL 559.207 allows a co-owner to sue the association and its officers and directors to compel them to enforce the condominium documents.

Who pays attorney fees?

In a suit under that part of 559.207, the successful association or co-owner recovers costs and reasonable fees only to the extent the condominium documents expressly provide.

Can one owner sue another over a rule violation?

Yes. The statute allows an action for injunctive relief, damages or both for noncompliance with the documents or the Act.

What is MCL 559.215?

It lets a person or association adversely affected by a violation of the Act, its rules, or an agreement or master deed bring an action for relief, and the court may award costs to the prevailing party.

Does 559.215 award attorney fees?

The text says "costs." It does not mention attorney fees, so confirm with counsel whether fees can be recovered in a given case.

Is arbitration required first?

Not by these sections. For some projects, the bylaws must contain an arbitration provision that applies only on written election and consent under MCL 559.154(8) to (11).

Where This Comes From

This page is based on the text of MCL 559.207 and MCL 559.215 as published by the Michigan Legislature, current through PA 114 of 2026 when read on November 13, 2026, including their history notes (559.215 read on a separate pass through PA 103 of 2026). We did not read case law for this page. Official page: legislature.mi.gov, MCL 559.207.

How APM Helps

Association Property Managers manages condominium and HOA communities across Michigan from our East Lansing office, with flat, published pricing. See our Michigan service area, browse every Michigan state-law guide, or request a free proposal. Laws and documents differ by community, and we review your master deed and bylaws when we build your proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.