MCL 559.152: When do the co-owners elect directors after developer control?

Every Michigan condominium association goes through a transition in which control of the board of directors is transferred from developer control to co-owner control.  In many condominium associations, it is not uncommon for a developer to attempt to retain control of all positions on the board of directors until the developer is ready to completely exit the condominium.  However, the […]

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Michigan Court rules that MCL 559.132 does not allow for a Condominium to be expanded to add units after 6 years.

On December 1, 2016, the Grand Traverse County Circuit Court ruled that units could not be added to a condominium after the expiration of the six (6) year time frame contained in MCL 559.132 in Irish v Scheppe Investments, Inc., et. al., Grand Traverse County Circuit Case No. 2016-031750-CH. As was discussed in Was your Condominium Properly Expanded under the […]

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The Michigan Condominium Act: Time for a Change

The Michigan Condominium Act was enacted in 1978 and is now over thirty-five years old. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. In 2015 and 2016, the Michigan Legislature introduced five (5) bills that […]

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Senate Bill 610 Passes: Is the amendment to MCL 559.167 of the Michigan Condominium Act constitutional?

On June 22, 2016, Governor Snyder signed Senate Bill 610 after it underwent several amendments in both the house and senate. Senate Bill 610 will become effective as of September 21, 2016 and will amend MCL 559.167 to read as follows: Sec. 67. (1) A change in a condominium project shall be reflected in an amendment to the appropriate condominium […]

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Was your condominium properly expanded under the Michigan Condominium Act?

In Michigan, when a developer creates a condominium, the developer is required to record a master deed. Pursuant to MCL 559.108, the master deed and condominium subdivision plan must identify the total number of units in the project and assign a percentage of value to each unit.  However, the initial configuration of the condominium is not set in stone.  MCL […]

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