Quick Answer
MCL 559.190 (Section 90 of the Michigan Condominium Act) controls how condominium documents are amended. The master deed, bylaws and condominium subdivision plan may be amended, even if rights change materially, with the consent of "not less than 2/3 of the votes of the co-owners and mortgagees." The 2/3 figure cannot be raised by the documents, owners must be notified at least 10 days before an amendment is recorded, and some changes (percentage of value formula, a co-owner's unit dimensions or limited common elements) need the affected owner's own consent.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | MCL 559.190, Condominium Act (1978 PA 59), Sec. 90 |
| Effective date | July 1, 1978; amended 1982 PA 538, 1988 PA 147, 2000 PA 379 (effective Jan. 2, 2001), and 2002 PA 283 (effective May 9, 2002) |
| Applies to | Condominium master deeds, bylaws and subdivision plans |
| Key sections | 559.190(1) non-material amendments; (2) 2/3 vote; (3) developer reserved rights; (4) protected items; (5) 10-day notice; (6) costs; (7) plan standards; (8) vote counting |
| Remedy or penalty | None stated; a document provision requiring more than 2/3 "is void and is superseded" |
What the Law Says
Subsection (1): amendments that do not materially change rights
The documents "may be amended without the consent of co-owners or mortgagees if the amendment does not materially alter or change the rights of a co-owner or mortgagee and if the condominium documents contain a reservation of the right to amend for that purpose to the developer or the association of co-owners." Example given in the statute: "a modification of the types and sizes of unsold condominium units and their appurtenant limited common elements."
Two conditions apply together: the change must not be material, and the documents must contain a reservation of the right to amend for that purpose.
Subsection (2): the 2/3 vote
"Except as provided in this section, the master deed, bylaws, and condominium subdivision plan may be amended, even if the amendment will materially alter or change the rights of the co-owners or mortgagees, with the consent of not less than 2/3 of the votes of the co-owners and mortgagees."
- "A mortgagee shall have 1 vote for each mortgage held."
- "The 2/3 majority required in this section may not be increased by the terms of the condominium documents, and a provision in any condominium documents that requires the consent of a greater proportion of co-owners or mortgagees for the purposes described in this subsection is void and is superseded by this subsection."
- "Mortgagees are not required to appear at any meeting of co-owners except that their approval shall be solicited through written ballots. Any mortgagee ballots not returned within 90 days of mailing shall be counted as approval for the change."
Subsection (3): developer reserved rights
The developer may reserve in the documents "the right to amend materially the condominium documents to achieve specified purposes," except a purpose in subsection (4). Reserved rights "shall not be amended except by or with the consent of the developer." With a proper reservation, the documents may be amended for the specified purposes without co-owner or mortgagee consent.
Subsection (4): protected items
- "The method or formula used to determine the percentage of value of units in the project for other than voting purposes shall not be modified without the consent of each affected co-owner and mortgagee."
- "A co-owner's condominium unit dimensions or appurtenant limited common elements may not be modified without the co-owner's consent."
Subsections (5) to (8): notice, costs, plans and counting
- (5) Co-owners "shall be notified of proposed amendments under this section not less than 10 days before the amendment is recorded."
- (6) A person causing or requesting an amendment is responsible for its costs and expenses, "except for amendments based upon a vote of a prescribed majority of co-owners and mortgagees or based upon the advisory committee's decision, the costs of which are expenses of administration."
- (7) A master deed amendment (including a consolidating master deed) dealing with the addition, withdrawal or modification of units or other physical characteristics must comply with the standards in section 66 for preparing an original subdivision plan.
- (8) "The affirmative vote of a 2/3 of co-owners is considered 2/3 of all co-owners entitled to vote as of the record date for such votes."
What This Means in Practice
For boards
The denominator matters most. Under subsection (8), 2/3 means 2/3 of all co-owners entitled to vote as of the record date, not 2/3 of those who show up. Our reading is that a quorum-based count will not satisfy the statute for a material amendment, so plan for ballots by mail or other methods your documents allow.
Mortgagee ballots are a separate track in the text: they are solicited in writing, and unreturned ballots count as approval after 90 days. Our reading is that the statute's phrase "2/3 of the votes of the co-owners and mortgagees" and the vote-counting in subsection (8) raise questions about how the two groups combine in the tally; confirm the method with counsel. See also our page on mortgagee voting (MCL 559.190a), which is a separate section.
Give the 10-day notice of proposed amendments before recording, and keep proof. Budget for who pays: the requester pays unless the amendment follows a prescribed-majority vote or an advisory committee decision, in which case it is an expense of administration.
For owners
If a bylaw says amendments need 75% of owners, that supermajority is void and 2/3 applies for the subsection (2) purposes. Conversely, your own unit dimensions and your limited common elements cannot be changed without your consent, and a change to the percentage-of-value formula (for other than voting) needs each affected owner's and mortgagee's consent.
Deadline and notice math
- Notify co-owners at least 10 days before recording.
- Mortgagee ballots count as approval if not returned within 90 days of mailing.
- Record date fixes the denominator for the 2/3 count.
What the statute does not say
- It does not define "materially alter or change."
- It does not say how notice is delivered or what it contains.
- It does not say who sets the record date, or how far in advance.
- It does not address recording mechanics beyond the 10-day notice and the section 66 plan standards.
- The inventory for this page lists MCL 559.191 as related; we did not read it and do not describe it.
Timeline
| Date | Event |
|---|---|
| July 1, 1978 | Section 90 of the Condominium Act effective |
| Jan. 17, 1983 | Amended by 1982 PA 538 (immediate effect) |
| June 7, 1988 | Amended by 1988 PA 147 (immediate effect) |
| Jan. 2, 2001 | Amended by 2000 PA 379 (immediate effect) |
| May 9, 2002 | Amended by 2002 PA 283 (immediate effect) |
Related Michigan Law
- MCL 559.190a: mortgagee voting on amendments.
- MCL 559.152: developer turnover timeline, including the consolidating master deed.
- MCL 559.157: books, records and audit.
- Michigan Condominium Act 2026: A Guide for Boards
- HOA Board Elections in Michigan: A Board's Guide
Board Checklist
- Read the amendment provisions in your master deed and bylaws, and check whether they reserve amendment rights.
- Decide, with counsel, whether the change is material.
- Fix the record date and compute the 2/3 threshold from all co-owners entitled to vote.
- Solicit mortgagee approval by written ballot and calendar 90 days from mailing.
- Send the 10-day notice before recording and keep proof.
- Check for changes to percentage of value, unit dimensions or limited common elements that need individual consent.
- Confirm any plan changes meet the section 66 standards.
- Track who bears costs under subsection (6).
Frequently Asked Questions
What vote does it take to amend Michigan condo bylaws?
Under MCL 559.190(2), consent of not less than 2/3 of the votes of the co-owners and mortgagees, even for a material change.
Can our bylaws require a higher percentage?
No. The 2/3 majority "may not be increased by the terms of the condominium documents," and a higher requirement "is void and is superseded."
Is 2/3 of owners present at a meeting enough?
Subsection (8) says 2/3 of co-owners is 2/3 of all co-owners entitled to vote as of the record date.
Do mortgagees have to attend a meeting?
No. Their approval is solicited by written ballot, and ballots not returned within 90 days of mailing count as approval.
How much notice must owners get before an amendment is recorded?
At least 10 days.
Can the association change my unit's size or my limited common elements?
Not without your consent. Subsection (4) says a co-owner's unit dimensions or appurtenant limited common elements may not be modified without that co-owner's consent.
Who pays for an amendment?
The person causing or requesting it, except amendments based on a prescribed-majority vote or advisory committee decision, which are expenses of administration.
Where This Comes From
This page is based on the text of MCL 559.190 as published by the Michigan Legislature (compiled laws complete through PA 114 of 2026), including its history note: MCL 559.190. We did not review court decisions applying this section, MCL 559.190a, or MCL 559.191.
How APM Helps
Association Property Managers manages condominium and HOA communities across Michigan from our East Lansing office, with flat, published pricing. See our Michigan service area, browse every Michigan state-law guide, or request a free proposal. Laws and documents differ by community, and we review your master deed and bylaws when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.
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