Michigan Condo Association Laws: What the Michigan Condominium Act Requires

Michigan Condo Associations: The Legal Foundation

Michigan condominium associations operate under two primary legal frameworks: the Michigan Condominium Act (MCL 559.101 et seq.) and the Michigan Nonprofit Corporation Act (MCL 450.2101 et seq.), which governs the association as a legal entity. Unlike HOAs governed only by their recorded documents and the general nonprofit corporation statutes, condo associations in Michigan have specific statutory requirements that cannot be waived by governing documents.

Key Requirements Under the Michigan Condominium Act

Master Deed and Condominium Subdivision Plan

Every Michigan condo association has a Master Deed that describes the project and establishes the condominium units and common elements. The Master Deed is recorded with the county register of deeds and is the foundational document of the condominium.

Co-owner Rights

Michigan law gives condo unit owners ("co-owners") specific rights that the association and the developer cannot eliminate:

• Right to inspect and copy association records
• Right to attend board meetings (with limited exceptions for executive session topics)
• Right to vote on major amendments and significant financial actions
• Right to due process before fines or enforcement actions

Annual Meeting Requirements

Michigan condo associations must hold an annual meeting of co-owners. The bylaws establish the specific notice requirements and quorum thresholds. If the association fails to hold the required annual meeting, co-owners can petition the circuit court to order a meeting.

Reserve Fund Requirements

Michigan does not currently mandate a specific reserve funding level for condo associations, but the association's obligation to maintain common elements is statutory — and failing to maintain adequate reserves makes it impossible to fulfill that obligation. Courts have found associations liable for failure to maintain common elements when inadequate reserves were a contributing cause.

Enforcement and Fines

Michigan condo associations must follow specific procedures before levying fines or taking enforcement action against a co-owner. The association must:

• Provide written notice of the alleged violation
• Give the co-owner an opportunity to cure the violation or be heard
• Comply with any procedures specified in the bylaws or rules

Lien Rights

Michigan condo associations have strong lien rights for unpaid assessments. An assessment lien in Michigan is a super-lien in many circumstances, taking priority over mortgage liens for up to six months of unpaid assessments. This gives Michigan condo associations significant leverage in the collections process.

Lansing and East Lansing Area Condo Markets

The Lansing/East Lansing market includes a mix of condo developments ranging from university-adjacent properties to suburban planned communities. Association Property Managers is headquartered in East Lansing and serves condo associations throughout the greater Lansing area with full knowledge of Michigan Condominium Act requirements.

Frequently Asked Questions

What is the Michigan Condominium Act?

The Michigan Condominium Act (MCL 559.101 et seq.) is the primary statute governing condominium developments in Michigan. It establishes the legal framework for creating condominium projects, the rights of co-owners, and the obligations of the condominium association.

How is a Michigan condo association different from an HOA?

A Michigan HOA is typically governed by the Michigan Nonprofit Corporation Act and its recorded CC&Rs, with limited statutory requirements beyond that. A Michigan condo association is also subject to the Michigan Condominium Act, which imposes additional specific requirements on governance, records, and the condominium project itself.

Are Michigan condo associations required to have a reserve study?

Michigan law does not currently mandate a reserve study, but industry best practice — and the association's legal obligation to maintain common elements — strongly favor maintaining a current reserve study. Many lenders also require reserve studies for mortgage approval in condo projects.