Quick Answer
MCL 559.171 requires a developer to give written notice of a proposed condominium project to local government and certain agencies "not less than 10 days" before the earliest of three events: taking reservations under a preliminary reservation agreement, recording a master deed, or beginning construction of a project intended to be a condominium when construction starts.
This is a developer duty. Existing associations and owners have no filing to make under it, but it explains the paper trail behind a project and helps when you are researching a community's origins.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | MCL 559.171 (Condominium Act, 1978 PA 59, section 71), "Notice of proposed action" |
| Effective date | July 1, 1978; amended 1980 PA 513, 1982 PA 538 and 2002 PA 283 (effective May 9, 2002) |
| Applies to | Developers of condominium projects (site condominiums and building condominiums alike, by the text) |
| Notice recipients | City, village, township or county; county road commission and county drain commissioner; the department of environmental quality; the state transportation department |
| Timing | Not less than 10 days before the earliest trigger event |
| Remedy or penalty | None stated in this section |
What the Law Says
The section provides: "Not less than 10 days before taking reservations under a preliminary reservation agreement for a unit in a condominium project, recording a master deed for a project, or beginning construction of a project which is intended to be a condominium project at the time construction is begun, whichever is earliest, a written notice of the proposed action shall be provided to each of the following."
The list of recipients:
- (a) "The appropriate city, village, township, or county."
- (b) "The appropriate county road commission and county drain commissioner."
- (c) "The department of environmental quality."
- (d) "The state transportation department."
Three details matter:
- "Whichever is earliest." The 10 days run back from the first of the three events to occur, not the last. A developer that takes a reservation before recording the master deed counts back from the reservation.
- "Written notice." The statute requires writing but does not describe the content, form or delivery method of the notice.
- Agency names. The text we read still uses "department of environmental quality" and "state transportation department." We did not research how current state agency names or structures line up with those references. Confirm current agency names with counsel if you need to identify the right recipient today.
What This Means in Practice
For boards of existing associations
Our reading: this section is a developer-side compliance provision, and nothing in it imposes a duty on a post-turnover association. It becomes relevant when a board is looking into the history of a project, for example when a dispute arises about how roads, drainage or utilities were handled, or when a developer still controlling the project plans a new phase. The notice list shows which public bodies were meant to be told at the start (local government, road and drain officials, and two state agencies).
The section does not state any consequence if the developer fails to give notice. It does not say the master deed, the project or any sale becomes invalid. We have not found language tying the notice to a particular remedy, so a board should not assume a missed notice affects unit titles or owner rights without advice from counsel.
For owners and buyers
For owners, the section is mostly background. If you are researching a project's compliance history, county and township offices and the agencies named in the section are the bodies the statute says were to be notified. The statute does not say those offices keep the notice on file or make it public, so do not assume a record exists.
For developers and site condominium projects
By its terms, the section applies to "a condominium project" and also to a project "intended to be a condominium project at the time construction is begun." Our reading: that second phrase makes the notice requirement attach even when no master deed has been recorded yet and construction starts first. Land use rules for site condominiums beyond this section, including local zoning, are outside what we reviewed.
Counting the 10 days
The statute says "not less than 10 days before" the earliest triggering event. It does not say whether days are calendar days or business days, or whether the notice date or the event date counts. Our reading is that the plain meaning of "days" is calendar days, but that is an interpretation, not stated in the section. Counsel should confirm for any specific project.
Timeline
| Date | Event |
|---|---|
| July 1, 1978 | Condominium Act takes effect |
| January 26, 1981 | 1980 PA 513 amends the section (immediate effect) |
| January 17, 1983 | 1982 PA 538 amends the section (immediate effect) |
| May 9, 2002 | 2002 PA 283 amends the section (immediate effect) |
Related Michigan Law
- Expandable, convertible and contractable condominiums (MCL 559.131 to 559.143)
- MCL 559.152: developer turnover timeline
- MCL 559.209: developer tort liability
- MCL 559.155: voiding developer contracts
- PA 58 of 2025: Land Division Act changes
- Michigan Condominium Act 2026: guide for boards
Board Checklist
- Read MCL 559.171 once so the board knows what a developer was required to notify.
- If the developer still controls the project and plans a new phase, ask counsel whether new notices are needed and who is responsible.
- Gather the master deed, amendments and plans in one record file so project history is easy to trace.
- Do not assume a missing notice affects owner rights; ask counsel before raising it in a dispute.
- Keep contact information for the local township, county road commission and drain commissioner for drainage and road questions.
- Confirm which current agency handles environmental and transportation matters before sending anything.
Frequently Asked Questions
Who must give the notice under MCL 559.171?
The section says "a written notice of the proposed action shall be provided" but does not name the sender in that sentence. The surrounding Act places these duties on the developer's side of the project. Confirm roles with counsel.
How far ahead must the notice be given?
"Not less than 10 days before" the earliest of: taking reservations under a preliminary reservation agreement, recording the master deed, or starting construction of a project intended to be a condominium.
Who must receive the notice?
The appropriate city, village, township or county; the county road commission and county drain commissioner; the department of environmental quality; and the state transportation department.
What happens if the developer skips the notice?
The section states no penalty or remedy. It does not say the project or sales are invalid. Ask counsel about any specific situation.
Does this apply to site condominiums?
The section covers "a condominium project" and a project intended to be one when construction begins. It does not distinguish between building and site condominiums.
Does the association have to file anything?
Nothing in this section places a filing duty on an association.
Has the section changed recently?
The history shows amendments in 1980, 1982 and 2002. We found no later amendment.
Where This Comes From
This page is based on the text and amendment history of MCL 559.171 as published on the Michigan Legislature website (MCL 559.171), current through PA 114 of 2026. We did not research agency name changes or court decisions.
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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