Michigan Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

The Michigan Condominium Act does not set a general default for who maintains units versus common elements. Instead, the master deed must designate which units are served by limited common elements and clearly define the rights in them (MCL 559.108), and it usually assigns maintenance duties. The Act does address cost: unless the condominium documents say otherwise, costs to maintain, repair, or replace a limited common element are specially assessed to the unit it is assigned to (MCL 559.169). State rules require bylaws giving the association's designee access to units for common element repairs (R 559.509).

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Michigan law does not set default wall or surface boundaries. A condominium unit is the portion designed for separate ownership "as described in the master deed" (MCL 559.104). The condominium subdivision plan must show each unit's size, location, and horizontal boundaries, and the vertical boundaries of units made of enclosed air space (MCL 559.166). Check your master deed and subdivision plan, especially in site condominiums, where a unit may include land and the home on it.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Limited common element costs are specially assessed to the assigned unit unless the documents say otherwise (MCL 559.169).
• Associations must keep a reserve fund for major repairs and replacement of common elements (MCL 559.205).
• State rules set the minimum reserve at 10% of the current annual budget on a noncumulative basis (R 559.511).
• Associations with annual revenue over $20,000 must have an annual CPA audit or review unless members vote to opt out (MCL 559.157).
• Owners need written association consent for structural repairs or changes to their unit (R 559.509).
• A buyer who does not request a statement of unpaid assessments at least 5 days before the sale can be liable for the seller's unpaid amounts (MCL 559.211).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Michigan

Insurance and deductibles

Michigan's requirements come mainly from administrative rules about bylaws. Rule R 559.508 requires bylaws providing that the association carry fire and extended coverage, vandalism and malicious mischief, and, if applicable, liability and workers' disability compensation insurance, with premiums treated as an expense of administration. The association may carry other coverage, including cross-coverage for damage one owner does to another. MCL 559.156 confirms bylaws may provide for insuring owners without limiting each owner's right to insure their own unit. The Act sets no statewide deductible allocation rule, so check your bylaws and get an HO-6 policy.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Michigan condo

Michigan's detailed disclosure package (master deed, buyer's handbook, and disclosure statement) and the 9 business day withdrawal right apply to developer sales (MCL 559.184 and 559.184a). For owner resales, the key statutory protection is MCL 559.211: a buyer is entitled to a written statement from the association of unpaid assessments, interest, fines, and fees. If the buyer requests it at least 5 days before the sale, the buyer is not liable for amounts beyond the statement. If not, the buyer can be liable for the seller's unpaid assessments.

Frequently Asked Questions

Who is responsible for repairs in a Michigan condo?

Mostly whatever your master deed says. The Michigan Condominium Act does not set a general unit versus common element repair split. It does say that, unless the documents provide otherwise, limited common element costs are specially assessed to the unit they serve (MCL 559.169). Look for a maintenance or responsibility section in your master deed or bylaws.

Does Michigan require condo associations to keep reserves?

Yes. MCL 559.205 requires a reserve fund for major repairs and replacement of common elements. Administrative rule R 559.511 sets the minimum at 10% of the current annual budget on a noncumulative basis and says the money may only be used for major repairs and replacements. A reserve study is not currently required.

Can I be charged for the previous owner's unpaid HOA dues in Michigan?

Yes, if you do not protect yourself. Under MCL 559.211, a buyer who requests a written statement of unpaid amounts from the association at least 5 days before the sale is only liable up to the amount on that statement. A buyer who does not request one can be liable for the seller's unpaid assessments, interest, fines, and collection costs.

What is a site condominium in Michigan?

It is a condominium where units can be land, or land plus airspace, often with a detached home, rather than space inside a shared building. The Act defines a unit as the portion intended for separate ownership "as described in the master deed" (MCL 559.104). In site condos, owners often maintain their homes, so read the master deed closely.

Do I need association approval for structural repairs in my Michigan condo?

Yes. Rule R 559.509 requires bylaws saying an owner must get the association's written consent before a structural repair or modification of the unit, and the association must refuse if the work could impair the project's structural soundness or safety. Owners may make non-structural improvements inside the unit, subject to the documents (MCL 559.147).