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February 2026

Disputes over undeveloped condominium units frequently turn on a narrow statutory question: does former MCL 559.167 apply when a developer fails to designate units as either “must be built” or “need not be built” in the master deed? Because undeveloped units can represent significant retained

Condominium developments in Michigan often include significant infrastructure improvements, including private roads, utilities, and drainage systems. Because these improvements are essential to the use and value of the project, the Michigan Condominium Act requires developers to provide financial security to ensure completion of those improvements.

The governing documents of a homeowners association, whether called a declaration of easements (a declaration), covenants, conditions, and restrictions (CC&Rs), or otherwise, will identify the provisions and restrictions that apply to the lot owners.  The original developer of the subdivision likely wrote the original governing