Legal Update: House Bill 4861 (2015): Only Resident Co-owners Would Be Eligible for the Board of Directors

On September 10, 2015, representative Michael McCready introduced House Bill 4861, which would modify the Condominium Act, MCL 559.101, et. seq.  Importantly, the major change to the law would be the addition of the following new Section 52(5):

(5) An individual is not eligible to be elected to the Board of Directors by nondeveloper co-owners unless the individual is a resident co-owner and certifies in writing that he or she is familiar with this Act and the Condominium Master Deed and Bylaws.

Later that same day, the proposed bill was referred to the Committee on Local Government.  Michigan condominium associations should be aware of this proposed change in the law including 1) only resident co-owners would be eligible for the Board of Directors and 2) the new certification requirements to be elected to the Board of Directors.  Our law firm will be monitoring this proposed bill throughout the legislative process.  If you have any questions regarding this potential new change in the law or any other condominium issues, please contact our office.


Joe Wloszek is an attorney with the law firm of Cummings, McClorey, Davis & Acho, P.L.C. where he focuses his practice on dispute avoidance, condominium law, commercial litigation, commercial real estate, large contractual disputes, and title litigation. He has extensive litigation and trial experience in state and federal courts involving commercial litigation issues and real estate matters. He can be reached at (734) 261-2400 or