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Michigan Statutes, Title 559

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Title 559, CONDOMINIUMS

3 chapters · 126 sections in this title.

All chapters in Title 559126 Ch 59-of-1978, CONDOMINIUM ACT117 Ch 68-of-2024, HOMEOWNERS' ENERGY POLICY ACT9

117 sections·Filtered byTitle 559✕Ch 59-of-1978✕

Mich. Comp. Laws § 559.101 Short title.
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Sec. 1. This act shall be known and may be cited as the "condominium act".
Mich. Comp. Laws § 559.102 Meanings of words and phrases.
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Sec. 2. For the purposes of this act, the words and phrases defined in sections 3 to 10 shall have the meanings respectively ascribed to them in those sections.
Mich. Comp. Laws § 559.103 Definitions; A to C.
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Sec. 3. (1) "Administrator" means the department of consumer and industry services or an authorized designee. (2) "Affiliate of developer" means any person who controls, is controlled by, or is under common control with a developer. A person is controlled by another person if the…
Mich. Comp. Laws § 559.104 Definitions; C.
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Sec. 4. (1) "Condominium project" or "project" means a plan or project consisting of not less than 2 condominium units established in conformance with this act. (2) "Condominium subdivision plan" means the drawings and information prepared pursuant to section 66. (3) "Condominium…

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Mich. Comp. Laws § 559.105 Definitions; C.

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Sec. 5. (1) "Contractable condominium" means a condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with this act. (2) "Conversion condominium" means a condominium project containing condominium units some or all of which we…

Mich. Comp. Laws § 559.106 Definitions; C to G.

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Sec. 6. (1) "Co-owner" means a person, firm, corporation, partnership, association, trust, or other legal entity or any combination of those entities, who owns a condominium unit within the condominium project. Co-owner includes land contract vendees and land contract vendors, wh…

Mich. Comp. Laws § 559.107 Definitions; L to M.

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Sec. 7. (1) "Leasehold condominium" means a condominium project in which each co-owner owns an estate for years in all or any part of the condominium project if the leasehold interests will expire naturally at the same time. (2) "Limited common elements" means a portion of the co…

Mich. Comp. Laws § 559.108 “Master deed” defined.

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Sec. 8. "Master deed" means the condominium document recording the condominium project to which are attached as exhibits and incorporated by reference the bylaws for the project and the condominium subdivision plan for the project. The master deed shall include all of the followi…

Mich. Comp. Laws § 559.109 Definitions; P.

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Sec. 9. (1) "Percentage of value" means the percentage assigned to each condominium unit in the condominium master deed. The percentage shall total 100% in the project. Percentages of value shall be determinative only with respect to those matters to which they are specifically d…

Mich. Comp. Laws § 559.110 Definitions; R to T.

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Sec. 10. (1) "Record" means to record pursuant to the laws of this state relating to the recording of deeds except that the provisions of the land division act, 1967 PA 288, MCL 560.101 to 560.293, do not control divisions made for any condominium project. (2) "Residential builde…

Mich. Comp. Laws § 559.111 Offering residential condominium for sale; compliance with occupational code required.

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Sec. 11. A residential condominium in this state shall not be offered for sale unless in compliance with article 24 or article 25 of the occupational code, Act No. 299 of the Public Acts of 1980, being sections 339.2401 to 339.2412 and 339.2501 to 339.2516 of the Michigan Compile…

Mich. Comp. Laws § 559.115 Construction or interpretation of act.

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Sec. 15. This act shall not be construed or interpreted as to authorize or permit the incurring of indebtedness of the state contrary to the provisions of the state constitution of 1963.

Mich. Comp. Laws § 559.121 Offering condominium unit or project for sale; liabilities and penalties; duties of developer; compliance by association of co-owners.

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Sec. 21. (1) A condominium unit located within this state shall not be offered for its initial sale in this state unless the offering is made in accordance with this act or the offering is exempt by rule of the administrator. An interest in a condominium unit located outside of t…

Mich. Comp. Laws § 559.131 Condominium project containing convertible area; contents of master deed.

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Sec. 31. If the condominium project contains any convertible area, the master deed shall contain the following: (a) A reasonably specific reference to the convertible area within the condominium project. (b) A statement of the maximum number of condominium units that may be creat…

Mich. Comp. Laws § 559.132 Expandable condominium project; contents of master deed.

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Sec. 32. If the condominium project is an expandable condominium project, the master deed shall contain the following: (a) The explicit reservation of an election on the part of the developer or its successors to expand the condominium project. (b) A statement of any restrictions…

Mich. Comp. Laws § 559.133 Contractable condominium project; contents of master deed.

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Sec. 33. If the condominium project is a contractable condominium project, the master deed shall contain the following: (a) The explicit reservation of an election on the part of the developer or its successors to contract the condominium project. (b) A statement of the restricti…

Mich. Comp. Laws § 559.134 Leasehold condominium project; lease terms; required contents of master deed; termination of co-owner's leasehold interest by lessor prohibited.

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Sec. 34. (1) The terms of a lease in a leasehold condominium project shall not be unconscionable to prospective co-owners as determined at the time of signing the lease. (2) If the condominium project is a leasehold condominium project, then with respect to any ground lease or ot…

Mich. Comp. Laws § 559.135 Easements; creation; description; contents.

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Sec. 35. Where fulfillment of the purposes of sections 31, 32, 33 or any other sections of this act reasonably requires the creation of easements, then the easements shall be created in the condominium documents or in other appropriate instruments and shall be reasonably describe…

Mich. Comp. Laws § 559.136 Addition of undivided interests in land as common elements; tenancy of co-owners; condominium unit on lands prohibited; description in master deed.

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Sec. 36. The master deed may provide that undivided interests in land may be added to the condominium project as common elements in which land the co-owners may be tenants in common, joint tenants, or life tenants with other persons. A condominium unit shall not be situated on th…

Mich. Comp. Laws § 559.137 Allocation to condominium unit of undivided interest in common elements proportionate to percentage of value assigned; statement, table, exhibit, or schedule in master deed; formula; basis of reallocation; allocating percentage of value to convertible space; alteration of undivided interest in common elements; partition of common elements.

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Sec. 37. (1) The master deed may allocate to each condominium unit an undivided interest in the common elements proportionate to its percentage of value assigned as provided in this act. (2) If an equal percentage of value is allocated to each condominium unit, the master deed ma…

Mich. Comp. Laws § 559.138 Creation of condominium units within convertible or additional lands; allocation of interests in common elements; amended master deed and condominium subdivision plan; revised schedule.

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Sec. 38. Interests in the common elements shall not be allocated to condominium units to be created within convertible land or within additional land until the master deed is duly amended and an amended condominium subdivision plan depicting the new condominium units is recorded.…

Mich. Comp. Laws § 559.139 Assignment and reassignment of limited common elements; application; amendment to master deed.

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Sec. 39. (1) Assignments and reassignments of limited common elements shall be reflected by the original master deed or an amendment to the master deed. A limited common element shall not be assigned or reassigned except in accordance with this act and the condominium documents. …

Mich. Comp. Laws § 559.140 Easement for encroachment.

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Sec. 40. To the extent that a condominium unit or common element encroaches on any other condominium unit or common element, whether by reason of any deviation from the plans in the construction, repair, renovation, restoration, or replacement of any improvement, or by reason of …

Mich. Comp. Laws § 559.141 Conversion of convertible area into condominium units or common elements; amendment; identifying number; allocating portion of undivided interest; description of limited common elements.

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Sec. 41. (1) The developer may convert all or any portion of any convertible area into condominium units or common elements, including, without limitation, limited common elements, subject to the restrictions which the condominium documents may specify. (2) The developer shall pr…

Mich. Comp. Laws § 559.143 Expansion, contraction, or conversion of land or space; time of occurrence; consolidating master deed.

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Sec. 43. An expansion, contraction, or conversion of land or space in accordance with this act and the condominium documents shall be deemed to have occurred at the time of recording of an amendment to the master deed embodying all essential elements of the expansion, contraction…

Mich. Comp. Laws § 559.144 Transferable easement as to common elements for purpose of making improvements.

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Sec. 44. Subject to any restrictions the condominium documents may specify, the developer has a transferable easement over and on the common elements for the purpose of making improvements on the submitted land and any additional land pursuant to the provisions of those documents…

Mich. Comp. Laws § 559.145 Offices, model units, and other facilities; maintenance; costs; restoration of facilities.

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Sec. 45. The developer and its duly authorized agents, representatives, and employees, and residential builders who receive an assignment of rights from the developer, may maintain offices, model units, and other facilities on the submitted land. The developer may include provisi…

Mich. Comp. Laws § 559.146 Restrictions and covenants.

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Sec. 46. The developer or a co-owner may impose reasonable restrictions or covenants running with the land upon a condominium unit in the condominium project, in addition to the reasonable restrictions and covenants as may be contained in the condominium documents, so long as suc…

Mich. Comp. Laws § 559.147 Improvements or alterations by co-owners.

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Sec. 47. (1) Subject to the prohibitions and restrictions in the condominium documents, a co-owner may make improvements or alterations within a condominium unit that do not impair the structural integrity of a structure or otherwise lessen the support of a portion of the condomi…

Mich. Comp. Laws § 559.147a Persons with disabilities; improvements or modifications by co-owner to facilitate access or movement; alleviation of hazardous conditions.

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Sec. 47a. (1) A co-owner may make improvements or modifications to the co-owner's condominium unit, including improvements or modifications to common elements and to the route from the public way to the door of the co-owner's condominium unit, at his or her expense, if the purpos…

Mich. Comp. Laws § 559.148 Relocation of boundaries between adjoining condominium units.

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Sec. 48. (1) If the condominium documents expressly permit the relocation of boundaries between adjoining condominium units, then the boundaries between the condominium units may be relocated in accordance with this section and any restrictions not otherwise unlawful which the co…

Mich. Comp. Laws § 559.149 Subdivision of condominium units.

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Sec. 49. (1) If the condominium documents expressly permit the subdivision of any condominium units, then the condominium units may be subdivided in accordance with this section and any restrictions not otherwise unlawful which the condominium documents may specify. A condominium…

Mich. Comp. Laws § 559.150 Termination of condominium project or amendment of master deed by developer.

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Sec. 50. If there is no co-owner other than the developer, the developer, with the consent of any interested mortgagee, may unilaterally terminate the condominium project or amend the master deed. A termination or amendment under this section shall become effective upon the recor…

Mich. Comp. Laws § 559.151 Termination of condominium project by agreement of developer and unaffiliated co-owners.

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Sec. 51. (1) If there is a co-owner other than the developer, then the condominium project shall be terminated only by the agreement of the developer and unaffiliated co-owners of condominium units to which 4/5 of the votes in the association of co-owners appertain, or a larger m…

Mich. Comp. Laws § 559.152 Advisory committee of nondeveloper co-owners; establishment; meeting with condominium project board of directors; cessation; right to elect directors; formula; recording consolidating master deed; copy; “units that may be created” defined; time of sale to nondeveloper co-owner.

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Sec. 52. (1) An advisory committee of nondeveloper co-owners shall be established either 120 days after conveyance of legal or equitable title to nondeveloper co-owners of 1/3 of the units that may be created or 1 year after the initial conveyance of legal or equitable title to a…

Mich. Comp. Laws § 559.153 Bylaws governing administration of condominium project; amendments; recording.

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Sec. 53. The administration of a condominium project shall be governed by bylaws recorded as part of the master deed, or as provided in the master deed. An amendment to the bylaws of any condominium project shall not eliminate the mandatory provisions required by section 54. An a…

Mich. Comp. Laws § 559.154 Bylaws; mandatory provisions; allocation of votes; dispute, claim, or grievance; applicability of subsections (8), (9), and (10).

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Sec. 54. (1) The bylaws shall contain provisions for the designation of persons to administer the affairs of the condominium project and shall require that those persons keep books and records with a detailed account of the expenditures and receipts affecting the condominium proj…

Mich. Comp. Laws § 559.155 Voiding service contract and management contract.

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Sec. 55. (1) A service contract which exists between the association of co-owners and the developer or affiliates of the developer and a management contract with the developer or affiliates of the developer is voidable by the board of directors of the association of co-owners on …

Mich. Comp. Laws § 559.156 Bylaws; permissible provisions.

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Sec. 56. The bylaws may contain provisions: (a) As are deemed appropriate for the administration of the condominium project not inconsistent with this act or any other applicable laws. (b) For restrictions on the sale, lease, license to use, or occupancy of condominium units. (c)…

Mich. Comp. Laws § 559.156a Displaying United States flag on condominium unit; applicability of section.

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Sec. 56a. A developer or association of co-owners shall not prohibit a co-owner from displaying a single United States flag of a size not greater than 3 feet by 5 feet anywhere on the exterior of the co-owner's condominium unit. A developer or association of co-owners shall not e…

Mich. Comp. Laws § 559.157 Books, records, contracts, and financial statements; examination; audit or review; opt-out of requirements of subsection (2).

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Sec. 57. (1) The books, records, contracts, and financial statements concerning the administration and operation of the condominium project shall be available for examination by any of the co-owners and their mortgagees at convenient times. (2) Except as provided in subsection (3…

Mich. Comp. Laws § 559.158 Acquisition of title by foreclosure of first mortgage; liability for assessments.

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Sec. 58. If the mortgagee of a first mortgage of record or other purchaser of a condominium unit obtains title to the condominium unit as a result of foreclosure of the first mortgage, that mortgagee or purchaser and his or her successors and assigns are not liable for the assess…

Mich. Comp. Laws § 559.159 Submission of property with mortgage of record.

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Sec. 59. Property upon which there is a mortgage of record shall not be submitted to a condominium project without the written consent of the mortgagee.

Mich. Comp. Laws § 559.160 Action on behalf of and against co-owners.

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Sec. 60. Actions on behalf of and against the co-owners shall be brought in the name of the association of co-owners. The association of co-owners may assert, defend, or settle claims on behalf of all co-owners in connection with the common elements of the condominium project.

Mich. Comp. Laws § 559.161 Condominium unit as sole property.

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Sec. 61. Upon the establishment of a condominium project each condominium unit, together with and inseparable from its appurtenant share of the common elements, shall be a sole property subject to ownership, mortgaging, taxation, possession, sale, and all types of juridicial acts…

Mich. Comp. Laws § 559.162 Ownership of condominium unit.

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Sec. 62. A condominium unit may be jointly or commonly owned by more than 1 person.

Mich. Comp. Laws § 559.163 Rights of co-owner.

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Sec. 63. Each co-owner has an exclusive right to his condominium unit and has such rights to share with other co-owners the common elements of the condominium project as are designated by the master deed.

Mich. Comp. Laws § 559.164 Conveyance and other instruments affecting title to condominium unit; description of unit; recordation.

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Sec. 64. Conveyances and other instruments affecting title to any condominium unit in a condominium project shall describe the same by reference to the condominium unit number of the condominium subdivision plan and the caption thereof, together with a reference to the liber and …

Mich. Comp. Laws § 559.165 Compliance with master deed, bylaws, rules, and regulations.

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Sec. 65. Each unit co-owner, tenant, or nonco-owner occupant shall comply with the master deed, bylaws, and rules and regulations of the condominium project and this act.

Mich. Comp. Laws § 559.166 Condominium subdivision plan; preparation; signature and seal; contents; recording; structures and improvements to be completed by developer.

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Sec. 66. (1) Subject to subsection (2)(b), the condominium subdivision plan for each condominium project shall be prepared by a licensed architect, licensed professional surveyor, or licensed professional engineer and shall bear the signature and seal of the licensed architect, l…