Sec. 112.
(1) Before the transitional control date, during the development and sales period the rights of a co-owner, including the developer, to rent any number of condominium units shall be controlled by the provisions of the condominium documents as recorded by the developer and shall not be changed without developer approval. After the transitional control date, the association of co-owners may amend the condominium documents as to the rental of condominium units or terms of occupancy. The amendment shall not affect the rights of any lessors or lessees under a written lease otherwise in compliance with this section and executed before the effective date of the amendment, or condominium units that are owned or leased by the developer.
(2) A co-owner, including the developer, desiring to rent or lease a condominium unit shall disclose that fact in writing to the association of co-owners at least 10 days before presenting a lease or otherwise agreeing to grant possession of a condominium unit to potential lessees or occupants and, at the same time, shall supply the association of co-owners with a copy of the exact lease for its review for its compliance with the condominium documents. The co-owner or developer shall also provide the association of co-owners with a copy of the executed lease. If no lease is to be used, then the co-owner or developer shall supply the association of co-owners with the name and address of the lessees or occupants, along with the rental amount and due dates of any rental or compensation payable to a co-owner or developer, the due dates of that rental and compensation, and the term of the proposed arrangement.
(3) Tenants or nonco-owner occupants shall comply with all of the conditions of the condominium documents of the condominium project, and all leases and rental agreements shall so state.
(4) If the association of co-owners determines that the tenant or nonco-owner occupant failed to comply with the conditions of the condominium documents, the association of co-owners shall take the following action:
(a) The association of co-owners shall notify the co-owner by certified mail, advising of the alleged violation by the tenant. The co-owner shall have 15 days after receipt of the notice to investigate and correct the alleged breach by the tenant or advise the association of co-owners that a violation has not occurred.
(b) If after 15 days the association of co-owners believes that the alleged breach is not cured or may be repeated, it may institute on its behalf or derivatively by the co-owners on behalf of the association of co-owners, if it is under the control of the developer, an action for both eviction against the tenant or nonco-owner occupant and, simultaneously, for money damages against the co-owner and tenant or nonco-owner occupant for breach of the conditions of the condominium documents. The relief provided for in this section may be by summary proceeding. The association of co-owners may hold both the tenant and the co-owner liable for any damages to the general common elements caused by the co-owner or tenant in connection with the condominium unit or condominium project.
(5) When a co-owner is in arrearage to the association of co-owners for assessments, the association of co-owners may give written notice of the arrearage to a tenant occupying a co-owner's condominium unit under a lease or rental agreement, and the tenant, after receiving the notice, shall deduct from rental payments due the co-owner the arrearage and future assessments as they fall due and pay them to the association of co-owners. The deduction does not constitute a breach of the rental agreement or lease by the tenant. If the tenant, after being notified, fails or refuses to remit rent otherwise due the co-owner to the association of co-owners, then the association of co-owners may do the following:
(a) Issue a statutory notice to quit for non-payment of rent to the tenant and shall have the right to enforce that notice by summary proceeding.
(b) Initiate proceedings pursuant to subsection (4)(b).
History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002
Structure Michigan Compiled Laws
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 559.115 - Construction or Interpretation of Act.
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 559.135 - Easements; Creation; Description; Contents.
Section 559.140 - Easement for Encroachment.
Section 559.144 - Transferable Easement as to Common Elements for Purpose of Making Improvements.
Section 559.146 - Restrictions and Covenants.
Section 559.147 - Improvements or Alterations by Co-Owners.
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 559.153 - Bylaws Governing Administration of Condominium Project; Amendments; Recording.
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 559.158 - 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 559.165 - Compliance With Master Deed, Bylaws, Rules, and Regulations.
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 559.172b - Air Space Over Fee.
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 559.185 - 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 559.189 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Section 559.190a - Voting Procedures.
Section 559.192, 559.193 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
Section 559.194 - Title Insurance Policy.
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 559.204 - Conversion Condominium Project; Notice; Termination of Tenancy.
Section 559.204c - Repealed. 1985, Act 183, Imd. Eff. Dec. 18, 1985.
Section 559.204e - Legislative Intent; Examination of Relevant Information; Recommendation.
Section 559.205 - Reserve Fund.
Section 559.206 - Default by Co-Owner; Relief.
Section 559.208 - 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 559.214 - Homestead Exemption.
Section 559.222 - Mobile Home Condominium Project; Disclosure.
Section 559.222b - Extended Lease Arrangement.
Section 559.223 - Mobile Home Condominium Project; Leasing Agreements.
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 559.245 - Complaint Copy to Developer; Notice of Available Remedies.
Section 559.250 - Discretionary Powers of Administrator; Exercise.
Section 559.256 - Prohibited Representations.
Section 559.260 - Repealed. 1982, Act 538, Imd. Eff. Jan. 17, 1983.
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.