Michigan MCL 559.147a: Condo Disability Modifications

Quick Answer

MCL 559.147a lets a Michigan condominium co-owner make improvements or modifications at the co-owner's own expense to facilitate access or movement for persons with disabilities, even where the condominium documents prohibit them. The co-owner submits plans to the association, which must approve or deny within 60 days and "shall not deny a proposed improvement or modification without good cause." If the association does not act within the 60 days, the co-owner may proceed without approval.

At a Glance

What the Law Says

The right to modify

A co-owner "may make improvements or modifications to the co-owner's condominium unit, including improvements or modifications to common elements and to the route from the public way to the door" of the unit, at the co-owner's expense, if the purpose is "to facilitate access to or movement within the unit for persons with disabilities who reside in or regularly visit the unit, or to alleviate conditions that could be hazardous" to them. The term "person with disabilities" has the meaning in section 2 of the state construction code act of 1972, MCL 125.1502.

The statute sets limits on the work:

• It "shall not impair the structural integrity of a structure or otherwise lessen the support of a portion of the condominium project."
• The co-owner is liable for repairing damage to a common element caused by building or maintaining it, unless the damage "could reasonably be expected in the normal course."
• It may be made "notwithstanding prohibitions and restrictions in the condominium documents," but must comply with state and local building codes and health and safety laws.
• It must be made "as closely as reasonably possible in conformity with the intent of applicable prohibitions and restrictions regarding safety and aesthetics."

Exterior changes and removal

An exterior modification "shall not unreasonably prevent passage by other residents." A co-owner who made exterior modifications must give the association written notice at least 30 days before conveying or leasing the unit. Within 30 days after receiving that notice, the association may require removal at the co-owner's expense. If the co-owner fails to give timely notice, the association may remove it, or require removal, at any time.

The association may not require removal if the co-owner intends to resume residing in the unit within 12 months, or if the co-owner conveys or leases to a person with disabilities who needs the same type of modification (or who has a resident requiring it).

Insurance and maintenance

For an exterior modification, the co-owner must maintain liability insurance from an insurer authorized in Michigan, naming the association as an additional insured, "in an amount adequate to compensate for personal injuries caused by the exterior improvement or modification." The co-owner is not required to insure any common element. The association is responsible for maintenance, repair and replacement only up to the cost it currently incurs for the common elements the modification covers or replaces. Any excess is assessed to the co-owner or the unit serviced.

Plan review and the 60-day clock

Before work begins, the co-owner submits plans and specifications. The association decides whether they "substantially conform" to the section and "shall not deny a proposed improvement or modification without good cause." A denial must list in writing the changes needed to conform, delivered to the co-owner. The association must approve or deny "not later than 60 days after the plans and specifications are submitted." If it does neither within 60 days, "the co-owner may make the proposed improvement or modification without the approval of the association." A co-owner who disagrees with a denial may sue the association and its officers and directors to compel compliance.

Scope

The section applies to units existing on May 27, 1987 and those built or converted after. It does not apply to a unit "otherwise required by law to be barrier-free" and does not impose on a co-owner the cost of maintaining that unit.

What This Means in Practice

For boards

The review standard is conformity with the statute, not the association's own architectural rules. Aesthetic and safety rules matter only in that the work should follow their intent "as closely as reasonably possible." A denial needs "good cause" and a written list of fixes. Our reading: a denial that gives no list does not meet the section's text.

The 60-day clock runs from submission of plans and specifications. The statute does not define a complete submission, so track the date plans were received and respond in writing within the window. Incomplete submissions are an open question; consider asking counsel before treating the clock as paused.

For owners

• Submit plans in writing and keep proof of delivery, since the 60 days run from submission.
• Expect to pay for the work, repairs to common-element damage, and liability insurance for exterior work.
• Give the 30-day written notice before selling or leasing if you made exterior changes. Missing it lets the association remove the work at any time.

Relationship to federal fair housing law

This statute is a state condominium provision. Federal and state fair housing laws may impose separate accommodation duties; we have not analyzed them here. Seek counsel on any request that falls outside this section.

Timeline

Related Michigan Law

• Co-owner suits to enforce condominium documents
• Limited common element expenses (MCL 559.169)
• Michigan Condominium Act overview
• HOA violation enforcement in Michigan

Board Checklist

• Log the date every modification request and set of plans is received.
• Calendar day 60 and send a written decision before it.
• If denying, state the good cause and list the changes needed to conform.
• Check building code and structural-integrity points with a qualified professional.
• Require evidence of the liability insurance naming the association for exterior work.
• Record the modification and the 30-day pre-sale or pre-lease notice requirement in the unit file.
• Have counsel review any dispute before refusing a request.

Frequently Asked Questions

Can a condo association's rules block a disability modification?

Not by themselves. The statute allows the modification "notwithstanding prohibitions and restrictions in the condominium documents," subject to building codes, structural limits, and conformity with the intent of the rules on safety and aesthetics.

Who pays?

The co-owner pays for the improvement and for damage to common elements it causes beyond what is reasonably expected. The association bears maintenance only up to its current cost for the common elements affected, and the excess is assessed to the co-owner or unit served.

How long does the association have to respond?

60 days after plans and specifications are submitted. If it neither approves nor denies in that time, the co-owner may proceed without approval.

Can the association require removal later?

For exterior modifications, within 30 days after a notice of sale or lease, unless the co-owner plans to return within 12 months or the next occupant with disabilities needs the same modification. If the co-owner gave no timely notice, removal can be required at any time.

What if the association denies the request?

The denial needs good cause and a written list of changes that would make the plan conform. The co-owner may sue the association and its officers and directors to compel compliance.

Does the section cover units built after 1987?

Yes. It covers units existing on May 27, 1987 and those built or converted after that date.

Where This Comes From

This page is based on the text of MCL 559.147a as published by the Michigan Legislature, current through PA 114 of 2026 when read on November 13, 2026, including its history note. Official page: legislature.mi.gov, MCL 559.147a.

<h2>Where We Stand</h2><p><strong>Our position: we support this law.</strong> Reasonable modification rights are part of fair housing compliance and good community practice. We recommend boards respond to requests promptly and in writing. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.</p>

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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.