Michigan MRTA: Does Your HOA Need a Notice of Claim?

What Is the Marketable Record Title Act?

Michigan's Marketable Record Title Act (MRTA), MCL 565.101 et seq., is a title-cleanup statute. It extinguishes interests in a property's chain of title that are more than 40 years old unless they were properly preserved. For community associations, the concern is that recorded deed restrictions could be wiped out if they are not preserved.

What the 2025 Amendment Changed

The amendment took effect September 29, 2025 and did three important things for associations:

• Condominium associations are exempt. Interests created by a recorded condominium master deed, and its recorded amendments, cannot be extinguished by the MRTA. Condo associations do not need to record a notice of claim.
• Newer HOAs are exempt. If an HOA's original declaration or restrictive instrument was executed and recorded on or after January 1, 1950, the MRTA cannot extinguish it, including later amendments.
• The deadline moved to September 29, 2027. HOAs whose original documents were recorded before January 1, 1950, and that have not recorded a notice of claim since March 28, 2019, may need to record one by that date.

Who Is Still at Risk?

Older subdivision associations and some summer resort associations created before 1950 are the most exposed. Restrictions that have already expired by their own terms cannot be revived by recording a notice.

What a Notice of Claim Must Include

The amended statute lets the association itself record one notice that preserves the restrictions for every lot tied to the same recorded instrument. The notice must identify the claimant, the interest being preserved, the liber and page of the recorded instrument, and a legal description of the affected land. It must also be signed and notarized and list the owners shown on the latest tax roll. The statute includes a sample form that is treated as sufficient.

Board Checklist

• Find the recording date of your original declaration or restrictive covenants.
• If it is before January 1, 1950, ask counsel whether a notice of claim should be recorded before September 29, 2027.
• If it is on or after January 1, 1950, or you are a condominium, document that conclusion in your board records.
• Note the deadline on your compliance calendar so it is not discovered late.

Related reading: Michigan HOA law changes 2021-2025 and our 2025-2026 Michigan roundup.

APM provides full-service and remote community association management across Michigan. See our Michigan board and homeowner resources, the Michigan communities we serve, or contact APM to talk through how these changes affect your association.

Legal disclaimer: This article is general information, not legal advice. Statutes and effective dates can change; confirm details with a licensed Michigan attorney before acting.