reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.140 - Easement for Encroachment.

559.140 Easement for encroachment.
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 the settling or shifting of any land or improvement, a valid easement for the encroachment shall exist. This section shall not be construed to allow or permit any encroachment upon, or an easement for an encroachment upon, units described in the master deed as being comprised of land and/or airspace above and/or below said land, without the consent of the co-owner of the unit to be burdened by the encroachment or easement.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 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.

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.
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 promptly prepare, execute, and record an amendment to the master deed describing the conversion. The amendment shall assign an identifying number to each condominium unit formed out of convertible area and shall allocate to each condominium unit a portion of the undivided interest in the common elements appertaining to that area. The amendment shall describe or delineate any limited common elements formed out of the convertible area, showing or designating the condominium unit or condominium units to which each is assigned.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.143 - Expansion, Contraction, or Conversion of Land or Space; Time of Occurrence; Consolidating Master Deed.

559.143 Expansion, contraction, or conversion of land or space; time of occurrence; consolidating master deed.
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, or conversion. At the conclusion of expansion of a condominium project a consolidating master deed shall be prepared and recorded by the developer in accordance with the provisions of this act and the condominium documents.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.144 - Transferable Easement as to Common Elements for Purpose of Making Improvements.

559.144 Transferable easement as to common elements for purpose of making improvements.
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 and of this act, and for the purpose of doing all things reasonably necessary and proper in connection therewith.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.145 - Offices, Model Units, and Other Facilities; Maintenance; Costs; Restoration of Facilities.

559.145 Offices, model units, and other facilities; maintenance; costs; restoration of facilities.
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 provisions in the condominium documents relative to the facilities as may reasonably facilitate development and sale of the project. The developer shall pay or be responsible to require a residential builder to pay all costs related to the condominium units or common elements while owned by developer and to restore the facilities to habitable status upon termination of use.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.146 - Restrictions and Covenants.

559.146 Restrictions and covenants.
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 such restrictions and covenants are not otherwise prohibited by law and as long as they are consistent with the condominium documents. The restrictions and covenants may include provisions governing the joint or common ownership of condominium units in the condominium project and the basis upon which the usage of the condominium unit or condominium units may be shared from time to time by the joint or common owners thereof.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.147 - Improvements or Alterations by Co-Owners.

559.147 Improvements or alterations by co-owners.
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 condominium project. Except as provided in section 47a, a co-owner shall not do anything which would change the exterior appearance of a condominium unit or of any other portion of the condominium project except to the extent and subject to the conditions as the condominium documents may specify.
(2) If a co-owner acquires an adjoining condominium unit, or an adjoining part of a condominium unit, then the co-owner may remove all or part of an intervening partition or create doorways or other apertures therein, notwithstanding that the partition may in whole or in part be a common element, so long as a portion of any bearing wall or bearing column is not weakened or removed and a portion of any common element other than that partition is not damaged, destroyed, or endangered. The creation of doorways or other apertures shall not be deemed an alteration of condominium unit boundaries.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1987, Act 31, Imd. Eff. May 27, 1987
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.148 - Relocation of Boundaries Between Adjoining Condominium Units.

559.148 Relocation of boundaries between adjoining condominium units.
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 condominium documents may specify. The boundaries between adjoining condominium units shall not be relocated unless the condominium documents expressly permit it. A relocation of boundaries shall not occur without approval of an affected mortgagee.
(2) If the co-owners of adjoining condominium units whose mutual boundaries may be relocated desire to relocate the boundaries, then the principal officer of the association of co-owners or other persons as the condominium documents may specify, shall, upon written application of the co-owners, forthwith prepare and execute an amendment to the master deed duly relocating the boundaries pursuant to the condominium documents and this act.
(3) An amendment to the master deed shall identify the condominium units involved and shall state that the boundaries between those condominium units are being relocated by agreement of the co-owners thereof, which amendment shall contain conveyancing between those co-owners. If the co-owners of the condominium units involved have specified in their written application a reasonable reallocation as between the condominium units involved of the aggregate undivided interest in the common elements appertaining to those condominium units, the amendment to the master deed shall reflect that reallocation.
(4) If the co-owners of the condominium units involved have specified in their written application a reasonable reallocation as between the condominium units involved of the aggregate number of votes in the association of co-owners allocated to those condominium units, an amendment to the bylaws shall reflect that reallocation and a proportionate reallocation of liability for expenses of administration and rights to receipts of administration as between those condominium units.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.149 - Subdivision of Condominium Units.

559.149 Subdivision of condominium units.
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 unit shall not be subdivided unless the condominium documents expressly permit it.
(2) If the co-owner of a condominium unit which may be subdivided desires to subdivide the condominium unit, then the principal officer of the association of co-owners or other persons as the condominium documents specify, shall, upon written application of the co-owner, prepare and execute an amendment to the master deed duly subdividing the condominium unit pursuant to the condominium documents and this act.
(3) An amendment to the master deed shall assign new identifying numbers to the new condominium units created by the subdivision of a condominium unit and shall allocate to those condominium units, on a reasonable basis, all of the undivided interest in the common elements appertaining to the subdivided condominium unit. The new condominium units shall jointly share all rights, and shall be equally liable, jointly and severally for all obligations, with regard to any limited common elements assigned to the subdivided condominium unit except to the extent that an amendment shall provide that portions of any limited common element assigned to the subdivided condominium unit exclusively should be assigned to any, but less than all, of the new condominium units.
(4) An amendment to the bylaws shall allocate to the new condominium units, on a reasonable basis, the votes in the association of co-owners allocated to the subdivided condominium unit, and shall reflect a proportionate allocation to the new condominium units of the liability for expenses of administration and rights to receipts of administration formerly appertaining to the subdivided condominium unit.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.150 - Termination of Condominium Project or Amendment of Master Deed by Developer.

559.150 Termination of condominium project or amendment of master deed by developer.
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 recordation thereof if executed by the developer.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.151 - Termination of Condominium Project by Agreement of Developer and Unaffiliated Co-Owners.

559.151 Termination of condominium project by agreement of developer and unaffiliated co-owners.
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 majority as the condominium documents may specify.
(2) If none of the condominium units in the condominium project are restricted exclusively to residential use, then the condominium documents may specify voting majorities less than the minimums specified by subsection (1).
(3) Agreement of the required majority of co-owners to termination of the condominium shall be evidenced by their execution of the termination agreement or of ratifications thereof, and the termination shall become effective only when the agreement is so evidenced of record.
(4) Upon recordation of an instrument terminating a condominium project the property constituting the condominium project shall be owned by the co-owners as tenants in common in proportion to their respective undivided interests in the common elements immediately before recordation. As long as the tenancy in common lasts, each co-owner or the heirs, successors, or assigns thereof shall have an exclusive right of occupancy of that portion of the property which formerly constituted the condominium unit.
(5) Upon recordation of an instrument terminating a condominium project, any rights the co-owners may have to the assets of the association of co-owners shall be in proportion to their respective undivided interests in the common elements immediately before recordation, except that common profits shall be distributed in accordance with the condominium documents and this act.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.153 - Bylaws Governing Administration of Condominium Project; Amendments; Recording.

559.153 Bylaws governing administration of condominium project; amendments; recording.
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 amendment shall be inoperative until recorded.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.155 - Voiding Service Contract and Management Contract.

559.155 Voiding service contract and management contract.
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 the transitional control date or within 90 days thereafter, and on 30 days' notice at any time thereafter for cause.
(2) To the extent that any management contract extends beyond 1 year after the transitional control date, the excess period under the contract may be voided by the board of directors of the association of co-owners by notice to the management agent at least 30 days before the expiration of the 1 year.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.156 - Bylaws; Permissible Provisions.

559.156 Bylaws; permissible provisions.
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) For insuring the co-owners against risks affecting the condominium project, without prejudice to the right of each co-owner to insure his condominium unit or condominium units on his own account and for his own benefit.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.156a - Displaying United States Flag on Condominium Unit; Applicability of Section.

559.156a Displaying United States flag on condominium unit; applicability of section.
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 enforce a prohibition in existence before the effective date of this section on or after that effective date.
History:
Add. 1991, Act 183, Imd. Eff. Dec. 27, 1991
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.157 - Books, Records, Contracts, and Financial Statements; Examination; Audit or Review; Opt-Out of Requirements of Subsection (2).

559.157 Books, records, contracts, and financial statements; examination; audit or review; opt-out of requirements of subsection (2).
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), an association of co-owners with annual revenues greater than $20,000.00 shall on an annual basis have its books, records, and financial statements independently audited or reviewed by a certified public accountant, as defined in section 720 of the occupational code, 1980 PA 299, MCL 339.720. The audit or review shall be performed in accordance with the statements on auditing standards or the statements on standards for accounting and review services, respectively, of the American institute of certified public accountants.
(3) An association of co-owners may opt out of the requirements of subsection (2) on an annual basis by an affirmative vote of a majority of its members by any means permitted under the association's bylaws.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 2013, Act 134, Eff. Jan. 14, 2014
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.158 - Acquisition of Title by Foreclosure of First Mortgage; Liability for Assessments.

559.158 Acquisition of title by foreclosure of first mortgage; liability for assessments.
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 assessments by the administering body chargeable to the unit that became due prior to the acquisition of title to the unit by that mortgagee or purchaser and his or her successors and assigns.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.159 - Submission of Property With Mortgage of Record.

559.159 Submission of property with mortgage of record.
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.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.160 - Action on Behalf of and Against Co-Owners.

559.160 Action on behalf of and against co-owners.
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.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.161 - Condominium Unit as Sole Property.

559.161 Condominium unit as sole property.
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, inter vivos or causa mortis independent of the other condominium units.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.162 - Ownership of Condominium Unit.

559.162 Ownership of condominium unit.
Sec. 62.
A condominium unit may be jointly or commonly owned by more than 1 person.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.163 - Rights of Co-Owner.

559.163 Rights of co-owner.
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.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.164 - Conveyance and Other Instruments Affecting Title to Condominium Unit; Description of Unit; Recordation.

559.164 Conveyance and other instruments affecting title to condominium unit; description of unit; recordation.
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 page of the county records in which the master deed is recorded. The conveyances and other instruments are recordable.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.165 - Compliance With Master Deed, Bylaws, Rules, and Regulations.

559.165 Compliance with master deed, bylaws, rules, and regulations.
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.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.168 - Availability of Condominium Documents.

559.168 Availability of condominium documents.
Sec. 68.
An association of co-owners shall keep current copies of the master deed, all amendments to the master deed, and other condominium documents for the condominium project available at reasonable hours to co-owners, prospective purchasers, and prospective mortgagees of condominium units in the condominium projects.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.169 - Assessment of Common Expenses; Contribution of Co-Owner.

559.169 Assessment of common expenses; contribution of co-owner.
Sec. 69.
(1) Except to the extent that the condominium documents provide otherwise, common expenses associated with the maintenance, repair, renovation, restoration, or replacement of a limited common element shall be specially assessed against the condominium unit to which that limited common element was assigned at the time the expenses were incurred. If the limited common element involved was assigned to more than 1 condominium unit, the expenses shall be specially assessed against each of the condominium units equally so that the total of the special assessments equals the total of the expenses, except to the extent that the condominium documents provide otherwise.
(2) To the extent that the condominium documents expressly so provide, any other unusual common expenses benefiting less than all of the condominium units, or any expenses incurred as a result of the conduct of less than all those entitled to occupy the condominium project or by their licensees or invitees, shall be specially assessed against the condominium unit or condominium units involved, in accordance with reasonable provisions as the condominium documents may provide.
(3) The amount of all common expenses not specially assessed under subsections (1) and (2) shall be assessed against the condominium units in proportion to the percentages of value or other provisions as may be contained in the master deed for apportionment of expenses of administration.
(4) A co-owner shall not be exempt from contributing as provided in this act by nonuse or waiver of the use of any of the common elements or by abandonment of his or her condominium unit.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.170 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

559.170 Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Compiler's Notes:
The repealed section pertained to review of filing.
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.171 - Notice of Proposed Action.

559.171 Notice of proposed action.
Sec. 71.
Not less than 10 days before taking reservations under a preliminary reservation agreement for a unit in a condominium project, recording a master deed for a project, or beginning construction of a project which is intended to be a condominium project at the time construction is begun, whichever is earliest, a written notice of the proposed action shall be provided to each of the following:
(a) The appropriate city, village, township, or county.
(b) The appropriate county road commission and county drain commissioner.
(c) The department of environmental quality.
(d) The state transportation department.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1980, Act 513, Imd. Eff. Jan. 26, 1981 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.171a - Rules Applicable to Condominium Project Not Served by Public Water and Public Sewers; Submission of Plan to Department of Public Health; Approval or Rejection.

559.171a Rules applicable to condominium project not served by public water and public sewers; submission of plan to department of public health; approval or rejection.
Sec. 71a.
(1) The rules of the department of public health relating to suitability of soils and groundwater supply for subdivisions not served by public water and public sewers shall apply to a condominium project not served by public water and public sewers.
(2) If public water and public sewers are not available and accessible to the land proposed to be included in a project, a developer shall submit 3 copies of the condominium subdivision plan to the department of public health. The department of public health shall transmit these copies to a local health department that elects to maintain jurisdiction over the approval or rejection of the plan pursuant to subsection (3).
(3) Not later than 30 days after receipt of the condominium subdivision plan, the state department of public health or, if the local health department elects to maintain jurisdiction over approval or rejection of the plan, the local health department shall approve the plan and note its approval on the copy to be returned to the developer or reject all or such portion of the plan that is not suitable. If rejected, the department rejecting the plan shall notify the developer and the governing body in writing of the reasons for rejection of the plan and the requirements for approval.
History:
Add. 1983, Act 113, Imd. Eff. July 12, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.172 - Establishment of Condominium Project; Sale of Condominium Unit Before Master Deed Recorded Prohibited; Exception; Substantial Failure of Master Deed to Comply With Act; Marketability of Title.

559.172 Establishment of condominium project; sale of condominium unit before master deed recorded prohibited; exception; substantial failure of master deed to comply with act; marketability of title.
Sec. 72.
(1) A condominium project for any property shall be established upon the recording of a master deed that complies with this act.
(2) Except as provided in section 88, a condominium unit shall not be sold by or on behalf of the developer before a master deed is recorded for the condominium units in the project.
(3) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the master deed to comply with this act. Whether a substantial failure of the master deed to comply with this act impairs marketability is not affected by this subsection.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983 ;-- Am. 1983, Act 113, Imd. Eff. July 12, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.172a - Recordation of Master Deed; Creation of Time-Share Unit; Amendment of Documents as Material Alteration.

559.172a Recordation of master deed; creation of time-share unit; amendment of documents as material alteration.
Sec. 72a.
If the master deed for a condominium project is recorded after the effective date of this section, a time-share unit shall not be created unless expressly provided for in the condominium documents. If the master deed for a condominium project was recorded on or before the effective date of this section, a time-share unit shall not be created unless the condominium documents are amended to expressly provide for the creation of time-share units. An amendment of the condominium documents to expressly provide for the creation of time-share units is a material alteration of the rights of co-owners and requires the consent of 2/3 of the votes of co-owners and mortgagees as provided in section 90.
History:
Add. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.172b - Air Space Over Fee.

559.172b Air space over fee.
Sec. 72b.
(1) A condominium project may be established for property consisting of a separate legal parcel in space that is considered the air space over a fee, improved or unimproved, in real property law. Such a condominium project may be provided easements, licenses, and other rights as may be necessary to provide access to and otherwise serve the needs of the project from the underlying surface parcel.
(2) This section applies to any question regarding whether any air space existing over a fee may be submitted to, and established as, a condominium under this act and applies to development as a condominium of air space over a fee.
History:
Add. 2000, Act 379, Imd. Eff. Jan. 2, 2001
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.173 - Recordation of Master Deed and Amendment; Certification by Treasurer; Filing Copy of Master Deed With Local Supervisor or Assessing Officer; Filing Architectural Plans and Specifications or Affidavit With Local Unit of Government.

559.173 Recordation of master deed and amendment; certification by treasurer; filing copy of master deed with local supervisor or assessing officer; filing architectural plans and specifications or affidavit with local unit of government.
Sec. 73.
(1) A master deed and an amendment to the master deed shall be recorded.
(2) A master deed shall not be recorded without a certification by the treasurer collecting the property taxes and special assessments that all property taxes and current installments of special assessments which became a lien on the property involved in the project are paid in full.
(3) When recorded, a copy of the master deed and a copy of any subsequently amended master deed or amendment shall be filed with the local supervisor or assessing officer.
(4) Detailed architectural plans and specifications for the condominium project, if that condominium project contains any units that require architectural plans and specifications to construct, shall be filed with the local unit of government in which the project is located. However, in the case of a conversion condominium where detailed architectural plans and specifications are not available, the developer shall file with the local unit of government an affidavit stating the fact that detailed architectural plans and specifications are not available.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.174 - Delivery and Retention of Condominium Subdivision Plan; Recordation of Consolidating Master Deed.

559.174 Delivery and retention of condominium subdivision plan; recordation of consolidating master deed.
Sec. 74.
(1) The condominium subdivision plan of a size as provided by rule of the administrator shall be delivered to and retained by the local register of deeds office.
(2) A consolidating master deed shall be recorded at the register of deeds office. The register of deeds shall not deny recording of a consolidating master deed because the property taxes and special assessments are not paid in full.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.181 - Service of Process.

559.181 Service of process.
Sec. 81.
(1) When a person, including a nonresident of this state, files a notice under section 71, records a master deed, or engages in conduct prohibited or made actionable by this act or a rule promulgated or order issued under this act and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the administrator as his or her attorney to receive service of process in any noncriminal action or proceeding against the person or the person's successor, personal representative, or administrator which grows out of that conduct and which is brought under this act or any rule promulgated or order issued under this act, with the same force and validity as if served on the person personally.
(2) Service under subsection (1) may be made by filing a copy of the process in the office of the administrator together with a $25.00 fee. Service is not effective unless the plaintiff, which may be the administrator in an action or proceeding instituted by it, immediately sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the person's last known address, or takes other steps which are reasonably calculated to give actual notice and unless the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.181a - Promotional Material; Labeling Structure or Improvement “Need Not Be built.”

559.181a Promotional material; labeling structure or improvement “need not be built.”
Sec. 81a.
If any structure or improvement proposed in a condominium project is labeled pursuant to section 66 “need not be built”, or is to be located within a portion of the condominium project with respect to which the developer has reserved a development right, promotional material may not be displayed or delivered to prospective purchasers which describes or portrays that structure or improvement unless the description or portrayal of the structure or improvement in the promotional material is conspicuously labeled “need not be built”.
History:
Add. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.182 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

559.182 Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Compiler's Notes:
The repealed section pertained to escrow account and escrow agent.
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.183 - Preliminary Reservation Agreement; Use; Condominium Buyer's Handbook; Placing Payment in Escrow; Cancellation of Agreement; Refund; Treating Payment as if Made Under Purchase Agreement.

559.183 Preliminary reservation agreement; use; condominium buyer's handbook; placing payment in escrow; cancellation of agreement; refund; treating payment as if made under purchase agreement.
Sec. 83.
(1) After filing a notice under section 71, a preliminary reservation agreement may be used by a developer to reserve a condominium unit for a prospective purchaser. During the time reservations are being accepted, a condominium buyer's handbook shall be available at the condominium project for all prospective purchasers.
(2) Upon receipt of payment under a preliminary reservation agreement, the developer shall place the payment in an escrow account with an escrow agent.
(3) A prospective purchaser who has made a payment under a preliminary reservation agreement may cancel that agreement. The developer shall fully refund within 3 business days after notice of cancellation is received all payments made.
(4) If a person who has entered into a preliminary reservation agreement subsequently enters into a purchase agreement, the developer shall treat a payment originally made under the preliminary reservation agreement as if made under a purchase agreement pursuant to section 84.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.185 - Liquidated Damages in Case of Default; Actual Damages; Receipt of Escrowed Funds.

559.185 Liquidated damages in case of default; actual damages; receipt of escrowed funds.
Sec. 85.
A provision in a purchase agreement for liquidated damages in case of default shall be limited to a reasonable percentage of the purchase price of the condominium unit. This provision shall not prevent the developer from recovering actual damages. Such an agreement shall not permit the developer to receive escrowed funds until there is a default, or until conveyance of legal or equitable title to the purchaser.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.186, 559.187 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

559.186, 559.187 Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Compiler's Notes:
The repealed sections pertained to advertising and reservations for purchase of condominium unit.
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.188 - Offering for Sale and Entering Into Purchase Agreement With Respect to Condominium Unit Proposed to Be Included Within Additional Land of Expandable Condominium or Within Convertible Land Without Recording Amended Master Deed.

559.188 Offering for sale and entering into purchase agreement with respect to condominium unit proposed to be included within additional land of expandable condominium or within convertible land without recording amended master deed.
Sec. 88.
After recording a master deed for the initial phase of an expandable or convertible condominium project, the developer may offer for sale and enter into a binding purchase agreement with respect to any condominium unit proposed to be included within the additional land of the expandable condominium or within the convertible land, without recording an amended master deed, if all of the following occur:
(a) The condominium unit is one which the developer may properly include in the condominium project.
(b) There is a site plan showing the location of the unit.
(c) A substantially identical condominium unit was already included within the project or plans for the condominium unit which describe the physical characteristics of the unit exist and are appended to the purchase agreement.
(d) The purchase agreement states that the condominium unit shall be conveyed to the prospective purchaser within 1 year after the execution of the purchase agreement. If conveyance is not made within that time the agreement is voidable under the conditions set forth in the agreement.
(e) Within 6 months after the date the purchase agreement becomes binding, an amendment to the master deed is recorded which includes the unit.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.189 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

559.189 Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Compiler's Notes:
The repealed section pertained to documents to be provided prospective purchaser.
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.191 - Recording of Amendment to Recorded Condominium Document Required; Copy to Co-Owner.

559.191 Recording of amendment to recorded condominium document required; copy to co-owner.
Sec. 91.
(1) An amendment to the master deed or other recorded condominium document shall not be effective until the amendment is recorded.
(2) A copy of the recorded amendment shall be delivered to each co-owner of the project.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.192, 559.193 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

559.192, 559.193 Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Compiler's Notes:
The repealed sections pertained to disposition of fees and charges, and to conditions for refusing permit to sell or permit to take reservations.
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.194 - Title Insurance Policy.

559.194 Title insurance policy.
Sec. 94.
The developer shall furnish a purchaser buying a condominium unit from the developer a title insurance policy, in the amount of the purchase price, by a title insurance company licensed to do business in the state.
History:
1978, Act 59, Eff. July 1, 1978
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.195 - Revision of Condominium Subdivision Plan; Altering Percentage of Value; Revisions in Percentage of Value per Condominium Unit.

559.195 Revision of condominium subdivision plan; altering percentage of value; revisions in percentage of value per condominium unit.
Sec. 95.
If the condominium subdivision plan is revised subsequent to its initial filing, and the revisions would alter the percentage of value per condominium unit when applied to the formula used to derive the percentage of value, then the percentage of value shall be altered by the developer to reflect the revisions. If the percentage of value is not altered to reflect these revisions, then a co-owner may bring an action or initiate a proceeding to require revisions in the percentage of value per condominium unit, without the consent of the co-owners, mortgagees, or other interested parties, as are determined to be fair, just, and equitable in accordance with the basic formula used to originally establish the percentage of value for the project.
History:
1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.201-559.203 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

559.201-559.203 Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Compiler's Notes:
The repealed sections pertained to disclosure statements and to escrow or security requirements for construction of recreational facilities.
2023 Michigan Compiled Laws › Chapter 559 - Condominiums › Act 59 of 1978 - Condominium Act (559.101 - 559.276) › Section 559.203a - Repealed. 1983, Act 113, Imd. Eff. July 12, 1983.

559.203a Repealed. 1983, Act 113, Imd. Eff. July 12, 1983.
Compiler's Notes:
The repealed section pertained to the release of escrow funds.