Michigan Condominium Act FAQ

What is the Michigan Condominium Act, and why does it matter?

The Michigan Condominium Act is the state statute that governs how condominium projects are created, structured, and operated in Michigan. Unlike a single-family HOA, where an owner holds fee title to a lot and the association only controls shared common areas, a Michigan condominium involves "co-ownership" — each owner holds an individual unit plus an undivided interest in the condominium's common elements. That co-ownership structure is why condo governance questions (who's responsible for the roof, who can vote on a special assessment, how a master deed can be amended) work differently than they do for a typical HOA.

What's the difference between a master deed and bylaws?

The master deed is the foundational document, recorded with the county, that establishes the condominium project — it typically includes a legal description of the property, defines the individual units and common elements, and sets each unit's percentage of value (used to allocate assessment obligations and voting weight). The condominium bylaws, often attached as an exhibit to the master deed, govern the operational side: board elections, meeting procedures, assessment collection, and use restrictions. Both documents work together, and both should be structured consistent with the Michigan Condominium Act.

What are "common elements," and why does the general/limited distinction matter?

General common elements

These are shared by the entire condominium project — typically the building structure, roof, foundation, and shared mechanical systems — and are maintained by the association using funds from regular assessments and reserves.

Limited common elements

These are reserved for the exclusive use of one or a small number of units — a balcony, patio, parking space, or storage locker attached to a specific unit — but are still owned in common with the rest of the association, meaning the individual owner typically can't unilaterally alter them without going through the architectural review process our homeowner guide describes.

How does assessment collection work under the Act?

The Michigan Condominium Act generally supports an association's ability to place a lien on a unit for unpaid assessments, giving Michigan condo associations a more direct statutory collections tool than a typical HOA relying purely on its own declaration. Because lien procedures involve specific notice and recording requirements, associations should work with qualified counsel or an experienced management company when a delinquency reaches the lien stage, rather than attempting to self-administer the process from a generic template.

What happens if the association wants to amend the master deed?

Amending a recorded master deed generally requires a specified percentage of co-owner consent set out in the document itself, consistent with the Michigan Condominium Act, and the amendment must then be recorded with the county to take effect. This is a materially higher bar than amending an association's internal bylaws, which is one reason boards should treat master deed amendments (changing unit boundaries, common element definitions, or percentage-of-value allocations) as a significant undertaking requiring legal review, not a routine board vote.

Putting it into practice