Michigan Condominium Act

All condominiums in Michigan are subject to the Michigan Condominium Act, which is found in the Michigan Compiled Laws §§ 559.101 through 559.276.

The Michigan Condominium Act sets forth the basic rules regarding the creation of condominiums including (but not limited to) developer rights and liabilities, the purchaser’s rights upon the initial sale of a unit, the contraction and expansion of projects during development, and successor developer liability.

The act also establishes the framework of governance for the association, both before and after development of the condominium. Some of the more notable aspects of this framework include mandatory and permissive provisions that should (or may) be contained in the condominium bylaws, the legal rights and remedies of the Association and the co-owners in disputes, the association’s right to control the leasing of units, and procedures for the proper amendment of the condominium documents.

Our firm’s team of attorneys has years (and, in many cases, decades) of experience with legal matters involving the interpretation and enforcement of the Michigan Condominium Act. Partner Edward J. Zelmanski personally contributed to the 2000 amendments to the Condominium Act, included revisions to MCL § 559.158 (regarding the mortgagee’s duty to pay assessments upon acquiring title to a unit) and § 559.212 (regarding the leasing of units).

It is our view that every condominium association could benefit from greater awareness of and education regarding the Michigan Condominium Act. Given the specialized nature of the Condominium Act and the myriad ways it impacts condominium associations, a general legal practitioner having only superficial knowledge of the Act is unlikely to be able to provide the same level of legal counsel, education and guidance to an association’s board of directors that an attorney experienced in condominium law could provide.