Quick Answer
MCL 559.209 is one sentence in the Michigan Condominium Act. It says that neither the association of co-owners nor the co-owners, other than the developer, "shall be liable for torts caused by the developer or his agents or employees of the developer within the common elements." It has been part of the Act since July 1, 1978 and has not been amended.
The key point for boards: the section protects the association and owners from liability for the developer's own torts in the common elements. It does not say anything about the association's liability for its own conduct, which is a separate question.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | MCL 559.209 (Condominium Act, 1978 PA 59, section 109), "Liability for torts" |
| Effective date | July 1, 1978 (history line shows no later amendments) |
| Applies to | Condominium associations and co-owners (not HOAs that are not condominiums) |
| Key words | "torts caused by the developer or his agents or employees of the developer within the common elements" |
| Who is protected | The association of co-owners and the co-owners, "other than the developer" |
| Remedy or penalty | None stated (it is a liability limit, not an enforcement provision) |
What the Law Says
The full operative text of section 109 (codified as MCL 559.209) is a single sentence: "Neither the association of co-owners nor the co-owners, other than the developer, shall be liable for torts caused by the developer or his agents or employees of the developer within the common elements."
Breaking that sentence into parts:
- Who is shielded: the association of co-owners, and each co-owner other than the developer. The developer is carved out, so a developer that still owns units is not protected by this sentence.
- What is covered: "torts," meaning civil wrongs such as negligence that injure someone. The section does not mention contract claims, statutory claims or warranty claims.
- Whose conduct: "caused by the developer or his agents or employees of the developer." The protection follows the wrongdoer, not the location alone.
- Where: "within the common elements." Torts connected with something outside the common elements are not addressed by this text.
The Condominium Act defines "co-owner" to include a person or entity that owns a condominium unit, and includes land contract vendees and vendors (MCL 559.106(1)). The same definitions section says a "developer" is a person "engaged in the business of developing a condominium project," and excludes brokers acting as the developer's agent and certain residential builders (MCL 559.106(2)). Who counts as "the developer" can therefore matter when you read this section.
What This Means in Practice
For boards
Our reading: the section is most useful when an injury or damage claim arises from something the developer did during construction or sales and the association inherited the common elements afterward. If a claimant sues the association for the developer's tort in a common area, section 109 is the statutory starting point for the association's defense. Whether it ends the case depends on facts a court would decide, such as who actually caused the harm.
The section does not say the association is shielded from claims based on the association's own conduct after turnover. A claim that the association itself failed to maintain, repair or warn is not "caused by the developer" on the face of the statute. We label that our reading, not a holding. Boards weighing a specific claim should talk to counsel and their insurance carrier.
The statute also does not create any notice or tender procedure. It does not say the board must send anything to anyone, and it sets no deadline. Anything about notifying carriers or the developer comes from the insurance policy and the condominium documents, not from this section.
For owners
Our reading: for an individual co-owner, the practical value is that a judgment against the developer for its own tort in the common elements is not, by this section, something the other owners are liable for individually. The section does not turn the developer's insurance or assets into the association's, and it does not give the association a claim against the developer. It limits who can be held liable. If a co-owner or the association believes the developer caused damage, other parts of the Act and the condominium documents govern what claims exist.
What the law does not say
- It does not define "torts" or list which kinds of claims qualify.
- It does not address who bears the cost of defending a claim that the section ultimately defeats.
- It does not say when the developer's control ends or whether acts before turnover and after turnover are treated differently. The turnover mechanics are in MCL 559.152 (see the sibling page below).
- It does not say how it applies where the developer's agent and an association vendor both contributed to an injury. That is an open question we have not found answered in the statute text we read.
- We did not review court decisions applying section 109, so we do not state how Michigan courts have interpreted it.
Timing
The section has no deadlines. Tort claims in Michigan are subject to limitation periods found elsewhere in the law, which we did not research for this page. Confirm limitation periods with counsel for any specific claim.
Timeline
| Date | Event |
|---|---|
| July 1, 1978 | Condominium Act, 1978 PA 59, takes effect, including section 109 |
| 2026 | Section appears in the current Michigan Compiled Laws with the same single-sentence text and no later amendment listed in its history |
Related Michigan Law
- MCL 559.152: developer turnover timeline (when owners take control of the board)
- MCL 559.155: voiding developer contracts after turnover
- MCL 559.207 and 559.215: co-owner enforcement suits
- Insurance and casualty provisions in condominium bylaws
- Janini v. London Townhouses: condo duty to co-owners
- Letvin: condo liability to short-term guests
- Michigan Condominium Act 2026: guide for boards
Board Checklist
- Read MCL 559.209 and keep a copy in the board's legal file.
- If a claim involves the common elements, find out who built, designed or sold the area and whether that party was the developer or its agent.
- Report any claim to the association's insurance carrier as the policy requires, without assuming section 109 ends the matter.
- Keep turnover-era records (inspection reports, punch lists, correspondence with the developer) that show what condition the common elements were in.
- Separate in your notes what the developer did from what the association did or failed to do afterward.
- Ask counsel whether the claim is a tort claim at all, or a contract, warranty or statutory claim that section 109 does not address.
Frequently Asked Questions
Does MCL 559.209 protect a Michigan condo association from every lawsuit?
No. By its words it covers torts "caused by the developer or his agents or employees of the developer within the common elements." It does not mention claims based on the association's own conduct.
Are individual co-owners personally liable for the developer's torts?
Section 109 says the co-owners, "other than the developer," are not liable for those torts. A co-owner who is also the developer is outside the protection.
Does the section cover contract or warranty claims?
The text refers only to "torts." It does not say whether contract, warranty or statutory claims are treated the same way. Ask counsel about the specific claim.
Does it apply to a homeowners association that is not a condominium?
The section is part of the Condominium Act and speaks of the "association of co-owners" and "common elements," so by its terms it applies to condominium projects. Other kinds of communities are governed by their own documents and other law.
When did this section become law?
The Condominium Act took effect July 1, 1978, and the section history shows no amendments after that.
Does the section require the association to sue the developer?
No. It does not create or require any claim against the developer. It only limits who can be held liable.
Does the association still need liability insurance?
The section does not address insurance. The Act requires condominium bylaws to address liability expenses and insurance proceeds, which is covered on our insurance and casualty page. Insurance decisions belong with your documents, your agent and counsel.
Where This Comes From
This page is based on the text of MCL 559.209 and the related definitions in MCL 559.106, read on the Michigan Legislature website (MCL 559.209), current through PA 114 of 2026. We did not review court decisions applying the section.
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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