Michigan Compiled Laws
Act 59 of 1978 - Condominium Act (559.101 - 559.276)
Section 559.109 - Definitions; P.

Sec. 9.
(1) “Percentage of value” means the percentage assigned to each condominium unit in the condominium master deed. The percentage shall total 100% in the project. Percentages of value shall be determinative only with respect to those matters to which they are specifically deemed to relate either in this act or in the condominium documents. Percentages of value for each condominium unit shall be determined with reference to reasonable comparative characteristics. A master deed shall state the method or formula used by the developer in the determination of percentage of value. Factors which may be considered in determining percentage of value are any of the following comparative characteristics, as determined by the developer:
(a) Market value.
(b) Size.
(c) Duration of a time-share estate, if applicable.
(d) Location.
(e) Allocable expenses of maintenance.
(2) “Person” means an individual, firm, corporation, partnership, association, trust, the state or an agency of the state, or other legal entity, or any combination thereof.
(3) “Phase of a condominium project” means either of the following:
(a) The land and condominium units of the condominium project which may be developed under the initially recorded master deed without amendment to the master deed.
(b) Each additional parcel of land and condominium unit added to the condominium project as provided in section 32.
(4) “Preliminary reservation agreement” means an agreement to afford a prospective purchaser an opportunity to purchase a particular condominium unit for a limited period of time upon sale terms to be later determined.
(5) “Purchase agreement” means an agreement under which a developer agrees to sell and a person agrees to purchase a condominium unit as provided in section 84.
History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 4, Imd. Eff. Feb. 4, 1982 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983

<< Previous
Next >>

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 559 - Condominiums

Act 59 of 1978 - Condominium Act (559.101 - 559.276)

Section 559.101 - Short Title.

Section 559.102 - Meanings of Words and Phrases.

Section 559.103 - Definitions; a to C.

Section 559.104 - Definitions; C.

Section 559.105 - Definitions; C.

Section 559.106 - Definitions; C to G.

Section 559.107 - Definitions; L to M.

Section 559.108 - “Master Deed” Defined.

Section 559.109 - Definitions; P.

Section 559.110 - Definitions; R to T.

Section 559.111 - Offering Residential Condominium for Sale; Compliance With Occupational Code Required.

Section 559.115 - Construction or Interpretation of Act.

Section 559.121 - Offering Condominium Unit or Project for Sale; Liabilities and Penalties; Duties of Developer; Compliance by Association of Co-Owners.

Section 559.131 - Condominium Project Containing Convertible Area; Contents of Master Deed.

Section 559.132 - Expandable Condominium Project; Contents of Master Deed.

Section 559.133 - Contractable Condominium Project; Contents of Master Deed.

Section 559.134 - Leasehold Condominium Project; Lease Terms; Required Contents of Master Deed; Termination of Co-Owner's Leasehold Interest by Lessor Prohibited.

Section 559.135 - Easements; Creation; Description; Contents.

Section 559.136 - Addition of Undivided Interests in Land as Common Elements; Tenancy of Co-Owners; Condominium Unit on Lands Prohibited; Description in Master Deed.

Section 559.137 - Allocation to Condominium Unit of Undivided Interest in Common Elements Proportionate to Percentage of Value Assigned; Statement, Table, Exhibit, or Schedule in Master Deed; Formula; Basis of Reallocation; Allocating Percentage of V...

Section 559.138 - Creation of Condominium Units Within Convertible or Additional Lands; Allocation of Interests in Common Elements; Amended Master Deed and Condominium Subdivision Plan; Revised Schedule.

Section 559.139 - Assignment and Reassignment of Limited Common Elements; Application; Amendment to Master Deed.

Section 559.140 - Easement for Encroachment.

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.

Section 559.143 - Expansion, Contraction, or Conversion of Land or Space; Time of Occurrence; Consolidating Master Deed.

Section 559.144 - Transferable Easement as to Common Elements for Purpose of Making Improvements.

Section 559.145 - Offices, Model Units, and Other Facilities; Maintenance; Costs; Restoration of Facilities.

Section 559.146 - Restrictions and Covenants.

Section 559.147 - Improvements or Alterations by Co-Owners.

Section 559.147a - Persons With Disabilities; Improvements or Modifications by Co-Owner to Facilitate Access or Movement; Alleviation of Hazardous Conditions.

Section 559.148 - Relocation of Boundaries Between Adjoining Condominium Units.

Section 559.149 - Subdivision of Condominium Units.

Section 559.150 - Termination of Condominium Project or Amendment of Master Deed by Developer.

Section 559.151 - Termination of Condominium Project by Agreement of Developer and Unaffiliated Co-Owners.

Section 559.152 - Advisory Committee of Nondeveloper Co-Owners; Establishment; Meeting With Condominium Project Board of Directors; Cessation; Right to Elect Directors; Formula; Recording Consolidating Master Deed; Copy; “Units That May Be Created” D...

Section 559.153 - Bylaws Governing Administration of Condominium Project; Amendments; Recording.

Section 559.154 - Bylaws; Mandatory Provisions; Allocation of Votes; Dispute, Claim, or Grievance; Applicability of Subsections (8), (9), and (10).

Section 559.155 - Voiding Service Contract and Management Contract.

Section 559.156 - Bylaws; Permissible Provisions.

Section 559.156a - Displaying United States Flag on Condominium Unit; Applicability of Section.

Section 559.157 - Books, Records, Contracts, and Financial Statements; Examination; Audit or Review; Opt-Out of Requirements of Subsection (2).

Section 559.158 - Acquisition of Title by Foreclosure of First Mortgage; Liability for Assessments.

Section 559.159 - Submission of Property With Mortgage of Record.

Section 559.160 - Action on Behalf of and Against Co-Owners.

Section 559.161 - Condominium Unit as Sole Property.

Section 559.162 - Ownership of Condominium Unit.

Section 559.163 - Rights of Co-Owner.

Section 559.164 - Conveyance and Other Instruments Affecting Title to Condominium Unit; Description of Unit; Recordation.

Section 559.165 - Compliance With Master Deed, Bylaws, Rules, and Regulations.

Section 559.166 - Condominium Subdivision Plan; Preparation; Signature and Seal; Contents; Recording; Structures and Improvements to Be Completed by Developer.

Section 559.167 - Change in Condominium Project; Amendment; Replat of Condominium Subdivision Plan; Right of Withdrawal; Reversion of Undeveloped Land to General Common Elements; Election, Notice, and Recording Requirements; Applicability of Subsecti...

Section 559.168 - Availability of Condominium Documents.

Section 559.169 - Assessment of Common Expenses; Contribution of Co-Owner.

Section 559.170 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.171 - Notice of Proposed Action.

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.

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.

Section 559.172a - Recordation of Master Deed; Creation of Time-Share Unit; Amendment of Documents as Material Alteration.

Section 559.172b - Air Space Over Fee.

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.

Section 559.174 - Delivery and Retention of Condominium Subdivision Plan; Recordation of Consolidating Master Deed.

Section 559.181 - Service of Process.

Section 559.181a - Promotional Material; Labeling Structure or Improvement “Need Not Be built.”

Section 559.182 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

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.

Section 559.184 - Section Inapplicable to Business Condominium Unit; Withdrawal From Signed Purchase Agreement; Depositing and Retaining Funds in Escrow; Contents of Purchase Agreement; Waiver of Right of Withdrawal; Form.

Section 559.184a - Providing Copies of Listed Documents to Prospective Purchaser of Condominium Unit; Amendment to Purchase Agreement and Condominium Documents; Signature on Form as Evidence; Providing Prospective Purchaser of Business Condominium Un...

Section 559.185 - Liquidated Damages in Case of Default; Actual Damages; Receipt of Escrowed Funds.

Section 559.186, 559.187 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

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.

Section 559.189 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.190 - Amendment of Condominium Documents; Consent; Void Provision Superseded by Subsection (2); Reservation of Right to Amend; Notice of Proposed Amendments; Costs and Expenses; Master Deed Amendment; Affirmative Vote.

Section 559.190a - Voting Procedures.

Section 559.191 - Recording of Amendment to Recorded Condominium Document Required; Copy to Co-Owner.

Section 559.192, 559.193 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.194 - Title Insurance Policy.

Section 559.195 - Revision of Condominium Subdivision Plan; Altering Percentage of Value; Revisions in Percentage of Value per Condominium Unit.

Section 559.201-559.203 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.203a - Repealed. 1983, Act 113, Imd. Eff. July 12, 1983.

Section 559.203b - Section Inapplicable to Business Condominium Unit; Release of Deposits or Amounts Retained in Escrow; Conditions; Substantial Completion; Furnishing Escrow Agent With Evidence of Adequate Security in Place of Retaining Funds; Certi...

Section 559.204 - Conversion Condominium Project; Notice; Termination of Tenancy.

Section 559.204a - Terminating Tenancy of Certain Persons Without Cause Prohibited; Criteria; Notice.

Section 559.204b - Definitions; Applicability of Section; Notice of Right to Elect Extended Lease Arrangement; Election; Extended Lease Arrangement Provisions; Number of Years Lease Renewable; Notice by Developer Entering Into Restricted Lease Arrang...

Section 559.204c - Repealed. 1985, Act 183, Imd. Eff. Dec. 18, 1985.

Section 559.204d - Developer Not Required to Offer Extended Lease Arrangement; Conditions; Compliance.

Section 559.204e - Legislative Intent; Examination of Relevant Information; Recommendation.

Section 559.205 - Reserve Fund.

Section 559.206 - Default by Co-Owner; Relief.

Section 559.207 - Action to Enforce Terms and Provisions of Condominium Documents; Action for Injunctive Relief or Damages.

Section 559.208 - Assessment Lien; Priority; Foreclosure; Bid; Actions; Receiver.

Section 559.209 - Liability for Torts.

Section 559.210 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.211 - Sale or Conveyance of Condominium Unit; Payment and Statement of Unpaid Assessments; Liability for Unpaid Assessments.

Section 559.212 - Renting or Leasing Condominium Unit; Disclosure; Review of Lease Form; Notice; Compliance Required; Action by Association Upon Noncompliance; Notice of Arrearage; Deduction of Arrearage and Future Assessments From Rental Payments.

Section 559.213 - Financing.

Section 559.214 - Homestead Exemption.

Section 559.215 - Action by Person or Association Adversely Affected by Violation of or Failure to Comply With Act, Rules, Agreement, or Master Deed; Costs; Violation of MCL 559.121 or 559.184a; Liability.

Section 559.221 - Mobile Home Condominium Project; Establishment, Operation, and Regulation; Compliance.

Section 559.222 - Mobile Home Condominium Project; Disclosure.

Section 559.222a - Mobile Home Conversion Condominium Project; Notification of Tenants; Termination of Tenancy.

Section 559.222b - Extended Lease Arrangement.

Section 559.223 - Mobile Home Condominium Project; Leasing Agreements.

Section 559.224 - Title to Mobile Home Condominium Site; Undivided Interest in Common Elements; Removal of Mobile Home; Sale of Site.

Section 559.225, 559.226 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.227 - Compliance by Developer of Mobile Home Condominium; Prohibited Requirements.

Section 559.231 - Special Assessments and Property Taxes.

Section 559.232 - Construction Lien; Limitations.

Section 559.233 - Eminent Domain.

Section 559.234 - Recreational Facilities and Other Amenities; Compliance.

Section 559.235 - Successor Developer.

Section 559.236 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.237 - Obligations of Developer Not Affected by Transfer of Interest.

Section 559.238 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.239 - Complaint for Nonpayment of Assessments; Answer; Set Off.

Section 559.240 - Reproduction of Document; Certified Reproduction or Certification as Evidence.

Section 559.241 - Law, Ordinance, or Regulation of Local Unit of Government; Limitations.

Section 559.242 - Promulgation of Rules, Forms, and Orders; Definition of Terms.

Section 559.244 - Contract to Settle by Arbitration; Execution; Option; Period of Limitations; Allocation of Costs; Conduct; Appointment of Arbitrator; Procedures; Rules; Arbitration Award as Binding.

Section 559.245 - Complaint Copy to Developer; Notice of Available Remedies.

Section 559.250 - Discretionary Powers of Administrator; Exercise.

Section 559.251-559.255 - Repealed. 1982, Act 538, Eff. Jan. 18, 1986;—1988, Act 109, Imd. Eff. Apr. 11, 1988.

Section 559.256 - Prohibited Representations.

Section 559.257 - Repealed. 1982, Act 538, Eff. Jan. 18, 1986;—1988, Act 109, Imd. Eff. Apr. 11, 1988.

Section 559.258 - Prohibited Conduct as Misdemeanor; Penalty; Violation as Separate Offense; Consecutive Terms of Imprisonment; Aggregate Fines; Action by Prosecuting Attorney or Department of Attorney General.

Section 559.259 - Injunction.

Section 559.260 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.

Section 559.270 - Effect of Act and 1982 Amendatory Act; Consummation of Proceedings; Continuation or Institution of Proceedings.

Section 559.271 - Repeal of MCL 559.1 to 559.31.

Section 559.272 - Effective Date; Requirements for Disclosure Statement.

Section 559.273 - Applicability of Amendatory Act; Applicability of Certain Subsections.

Section 559.274 - Repealed. 2002, Act 283, Imd. Eff. May 9, 2002.

Section 559.275 - Powers of Administrator.

Section 559.276 - Statute of Limitations.