Quick Answer
MCL 559.169 says how Michigan condominium common expenses are divided. Costs to maintain, repair, renovate, restore or replace a limited common element are, unless the documents say otherwise, "specially assessed" against the unit to which it was assigned when the expense was incurred. Other common expenses are assessed by percentage of value or the master deed's method. No co-owner is exempt by "nonuse or waiver of the use of any of the common elements or by abandonment."
At a Glance
| Item | Detail |
|---|---|
| Law/citation | MCL 559.169 (Condominium Act, 1978 PA 59, section 69), "Assessment of common expenses; contribution of co-owner" |
| Effective date | July 1, 1978; amended by 2000 PA 379 (January 2, 2001) and 2002 PA 283 (May 9, 2002) |
| Applies to | Condominiums |
| Key sections | (1) limited common elements; (2) unusual expenses and conduct-based expenses; (3) remaining expenses; (4) no exemption |
| Remedy or penalty | None stated; collection of assessments is in MCL 559.208 |
What the Law Says
(1) Limited common elements
"Except to the extent that the condominium documents provide otherwise, common expenses associated with the maintenance, repair, renovation, restoration, or replacement of a limited common element shall be specially assessed against the condominium unit to which that limited common element was assigned at the time the expenses were incurred." If the limited common element was assigned to more than one unit, the expenses are specially assessed against each unit equally so the total equals the expenses, again unless the documents provide otherwise.
(2) Unusual expenses and conduct-based expenses
"To the extent that the condominium documents expressly so provide," two kinds of costs may be specially assessed to the units involved, "in accordance with reasonable provisions as the condominium documents may provide":
- Unusual common expenses benefiting less than all units.
- Expenses incurred as a result of the conduct of less than all those entitled to occupy the project, or by their licensees or invitees.
(3) Everything else
Common expenses not specially assessed under (1) and (2) "shall be assessed against the condominium units in proportion to the percentages of value or other provisions as may be contained in the master deed for apportionment of expenses of administration."
(4) No exemption
"A co-owner shall not be exempt from contributing as provided in this act by nonuse or waiver of the use of any of the common elements or by abandonment of his or her condominium unit."
What This Means in Practice
The default rule and the default can be changed
Subsection (1) is a default. The phrase "except to the extent that the condominium documents provide otherwise" means a master deed or bylaws may spread limited common element costs differently, for example to all units. The subsection (1) default applies where the documents are silent. Many associations treat the cost of a porch, balcony or driveway as the unit's responsibility because of this rule, but your documents decide.
Subsection (2) is different. It requires an express document provision ("to the extent that the condominium documents expressly so provide"). Our reading: a board cannot specially assess a unit for another owner's party damage, or for a single-building benefit, unless the documents expressly authorize it, and the documents' own procedures should be followed.
Which unit pays: the timing rule
The unit assigned the limited common element "at the time the expenses were incurred" pays. For a sale or an assignment change, that timing wording matters. The statute does not define "incurred," so confirm with counsel which date applies for work done in phases or billed later.
Worked example (illustration only)
Suppose a master deed assigns two garages as a single limited common element to Units 4 and 5, and the roof over them needs replacement. The documents are silent. Under (1), the expense is specially assessed to both units equally, so the total equals the cost. If the documents instead say all limited common element costs are shared by percentage of value, that provision controls. Numbers here are hypothetical.
For boards and owners
- Boards: identify which items are limited common elements in the master deed and condominium subdivision plan before assessing.
- Boards: check the documents for an express provision before assessing unusual or conduct-based expenses to specific units.
- Owners: you cannot avoid assessments by not using an amenity or by leaving the unit. The statute says so directly.
What it does not say (our reading)
- It does not set a notice or appeal process for special assessments of this kind.
- It does not state a late fee, lien or collection rule. Liens and foreclosure for unpaid assessments are in MCL 559.208, outside this page.
- It does not define "unusual common expenses." Documents control, and counsel should confirm the reading.
Timeline
| Date | Event |
|---|---|
| July 1, 1978 | Section takes effect with the Condominium Act |
| January 2, 2001 | Amended by 2000 PA 379 (immediate effect) |
| May 9, 2002 | Amended by 2002 PA 283 (immediate effect) |
Related Michigan Law
- Assessment lien and foreclosure (MCL 559.208)
- Reserve fund requirement (MCL 559.205)
- Mandatory bylaw provisions (MCL 559.154)
- Michigan Condominium Act overview
- Budget season for Michigan boards
Board Checklist
- List every limited common element and its assignment from the master deed and plan.
- Read the documents for any different cost-sharing rule for limited common elements.
- Confirm the documents expressly allow special assessments for unusual or conduct-based expenses before using subsection (2).
- Record which unit held the assignment when the expense was incurred.
- For multi-unit limited common elements, split equally unless the documents say otherwise.
- Send written explanations with any special assessment.
- Do not credit owners for nonuse of common elements.
- Ask counsel before assessing disputed or unusual items.
Frequently Asked Questions
Who pays to replace a limited common element like a deck?
Unless the documents provide otherwise, the unit to which it was assigned when the expense was incurred.
What if two units share the limited common element?
The expense is specially assessed to each unit equally so the total equals the expense, unless the documents say otherwise.
Can the association charge one owner for a guest's damage?
Only to the extent the condominium documents expressly provide for assessing expenses from the conduct of less than all occupants or their licensees or invitees, using reasonable provisions in the documents.
How are the other common expenses split?
By percentage of value or any other apportionment provision in the master deed.
Can an owner skip assessments by not using the pool or clubhouse?
No. The statute says nonuse or waiver of use of common elements, or abandonment of the unit, does not exempt a co-owner.
Does this section cover liens for unpaid assessments?
No. See MCL 559.208 for liens and foreclosure.
Where This Comes From
This page is based on the text of MCL 559.169 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 559.169.
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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