When the monuments are not placed before the date of the surveyors certificate, they shall be placed within 1 year from the date of recording. (2) Pursuant to sections 84 and 84a of the act, the developer shall furnish a copy of a current, effective disclosure statement to a prospective condominium purchaser not less than 9 business days before a binding purchase agreement. A condominium subdivision plan shall be recorded in the county in which the project is located. (c) Whether the project is a residential condominium, an industrial condominium, a commercial condominium, a professional condominium, a campsite condominium, a marina condominium, a mobile home condominium, or other type of condominium. 2. The Michigan Condominium Act The condominium bylaws shall be attached to, and incorporated by reference in, the master deed. (d) Floodplain means that area of land adjoining a lake, watercourse, or similar body of water which will be inundated by a 100-year flood. Other material information as will inform purchasers about the unique characteristics of the particular condominium project. All changes in the originally recorded condominium plans shall be made in accordance with the following requirements: Only the revised sheets and cover sheet shall be recorded. Then you must know what laws apply to you. (v) A complete and accurate written property description. Land surveyor means either a surveyor who is registered in this state as a land surveyor or a civil engineer who is registered in this state as a professional engineer. (i) Indicate the scale of each drawing by means of a graphic bar scale. A master deed shall contain a statement referring to the condominium subdivision plan and the condominium bylaws and shall incorporate them by reference. The use of suffixes, such as a, b, c, shall only be acceptable when adding supplemental sheets after the initial recording. The association of co-owners should carefully analyze their condominium project to determine if a greater amount should be set aside, or if additional reserve funds should be established for other purposes.. This land shall be shown in relationship to the phase being currently submitted. (b) Act means Act No. (g) Major boundary corners means those property corners which comprise the total proposed condominium development of a particular project. The same condominium subdivision plan in a size measuring 24 inches by 36 inches shall be delivered to, and retained by, the county register of deeds office. A complete and accurate written property description. The condominium subdivision plan number shall be assigned by the county in consecutive sequence, beginning with number 1, according to section 66(3) of the act. Sec. (b) If basements are provided as part of a mobile home condominium unit, a section shall be provided which complies with R 559.402(1)(g) and a floor plan of that basement area shown which complies with R 559.402(1). Review our privacy policy and mobile messaging terms and conditions here. The bylaws shall provide, in accordance with section 65 of the act, that all present and future co-owners, tenants, and any other persons or occupants using the facilities of the project in any manner are subject to, and shall comply with, the act, the master deed and bylaws, and the articles of association, and rules and regulations adopted by the association of co-owners. Lots of platted subdivisions which fall within the project boundary shall be shown by dashed lines and dotted numbers. The People of the State of Michigan enact: 559.101 Short title. 59 of the Public Acts of 1978. (v) The developer enters into loans with, or borrows money from, the association prior to the transitional control date. The symbol for match lines shall be different from those used for property lines or utility lines. That the accuracy of this survey is within the limits required by the rules promulgated under section 142 of Act No. The terms of any warranty offered in connection with the sale of a condominium unit shall be clearly disclosed. This land shall be shown in relationship to the phase being currently submitted. Material, as used in the preceding sentence, refers to those factors which might reasonably affect a prospective purchasers decision to accept or reject the offer to purchase the condominium unit. The bylaws may provide for the application of the commercial arbitration rules, as amended, of the American arbitration association. (h) Minor boundary corners means those property corners which are created by an individual phase of the project as it is developed in stages and does not mean a major boundary corner. R 559.505 Copies of condominium documents; availability. (h) Condominium association management contracts. The items that the amending or replatting professional is responsible for shall be clearly indicated on that amendment. The condominium project budget and assessments. Act 59 PA 1978 (MCL 559.101 et seq.). R 559.506 Destruction or condemnation of property. If a project is a conversion condominium project, the developer shall disclose the following additional information: The year when construction was completed on the building or buildings in the project. %PDF-1.7 ;>. Condominium bylaws help Michigan condominium associations operate in an orderly manner, uphold community aesthetics, preserve property values, and protect co-owners health, safety, and welfare. Section 58 of the Michigan condominium act provides: If the holder of a first mortgage or other purchaser of a condominium unit obtains title to that unit by foreclosing that mortgage, the holder of the first mortgage or other purchaser is not liable for unpaid assessments which are chargeable against that unit and which had become due prior to foreclosure. (1) Not later than 1 year after completion of construction of all buildings and improvements represented on the proposed condominium subdivision plans, the developer shall cause an architect, engineer, or surveyor to prepare as-built drawings depicting the project as constructed. The Michigan Condominium Act makes an impact on how condo rules are upheld and the regulations of condo owners paying association fees. If a project crosses county lines, it shall be recorded in both counties. (2) The procedures to be utilized in the compilation of a list of independent hearing officers shall be as follows: (a) The American arbitration association shall distribute public notice of the availability of the position as an independent hearing officer. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. The bylaws shall set forth the rights of the co-owners and the procedures to be followed in case of partial or complete destruction, or partial or complete taking by condemnation. Easements for the installation, maintenance, and service for all utilities, including light, heat, power, sewer, water, and communications. The American arbitration association shall select qualified persons and compile a list of these individuals to be submitted to the administrator; such list to be updated by the American arbitration association each fiscal year. While significant amendments were made to the Michigan Condominium Act in 2001 and 2002, the Michigan Condominium Act does not currently meet the needs of various stakeholders as it is outdated and disorganized. (1) Pursuant to sections 50 and 51 of the act, notification of termination shall be given to all parties interested in the project, including the following: (e) Prospective purchasers who have deposited funds. Petitioner is the developer of a condominium project. (b) Units within a multi-phase development shall be numbered consecutively throughout all phases or amendments. (v) A survey bench mark shown by symbol and described with its elevation referenced to an official bench mark of the national geodetic survey of the United States geological survey, which are based on the national geodetic vertical datum of 1929. History: 1978, Act 59, Eff. If the developer demonstrates to the administrator of Act No. (d) The relationship of the buildings to a true meridian. Enforcing Condo Association Bylaws | Michigan Condominium Lawyers Pursuant to section 134 of the act, a recreational facility which is to be enjoyed by condominium co-owners and third parties shall, at a minimum, comply with the following provisions: (a) When the recreational facilities are owned by the condominium co-owners and are to be used by a third party, all of the following conditions shall be met: (i) Disclosure shall be made to all prospective purchasers that the recreational facilities will be shared with a third party. An arbitration clause to settle disputes upon consent of the parties shall be included in the condominium legal documents. 1. The items required to be disclosed by R 559.903 shall, unless otherwise indicated, be disclosed under separate headings. Michigan Condominium Act - Section 57 - Lewis & Knopf, CPAs, P.C. Upon completing and recording the last phase of a multiphase project, whether the original plan submissions were done by amendment or separate phases, a superseding consolidated subdivision plan shall be prepared and recorded. The Michigan Legislature Website is a free service of the Legislative Internet Technology Team in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, and the Michigan Senate. (i) Unreasonable risk, with respect to prospective co-owners under section 154(c) of the act, means the existence of any of the following factors: (i) A prospective co-owner is likely to lose the money deposited towards the purchase of a condominium unit. CONDOMINIUM ACT (EXCERPT) Act 59 of 1978 559.167 Change in condominium project; amendment; replat of condominium subdivision plan; right of withdrawal; reversion of undeveloped land to general common elements; election, notice, and recording requirements; applicability of subsections (3) and (4); "undeveloped land" defined. For the purposes of this act, the words and phrases defined in sections 3 to 10 shall have the R 559.110 Developers; compliance with mobile home commission act; conversion of existing mobile home parks; waiver. of the Michigan Compiled Laws. Any restrictions affecting the use of individual units or common elements. Include a composite plan, to show the relationship of the various sheets to each other, when more than 3 sheets are required to do a survey, site, floodplain, or utility plan. Contact the local government where the development is located to determine who to notify and what information they request. No information is to be incorporated by reference to an extrinsic source which is not readily available to an ordinary prospective purchaser. (c) An expertise or working knowledge of the condominium act and rules promulgated thereunder. Platted subdivisions which fall contiguous to the project boundary shall be shown by solid lines and numbers. A complete condominium subdivision plan shall be comprised of the following: (Name of Individual), registered land surveyor or registered civil engineer of the state of Michigan, hereby certify: That the subdivision plan known as Sec. Rule 101. The appropriate city, village, township or county. An amendment may also reflect changes in the boundaries of the land, correction of errors, as-built plans, and changes in common elements. SectionSection 54 54ofof thethe ActAct statesstates thatthat thethe bylawsbylaws mustmust containcontain provisionsprovisions requiringrequiring thethe associationassociation oror managementmanagement companycompany toto keepkeep booksbooks andand recordsrecords withwith a adetaileddetailed acco.

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