Mich. Comp. Laws » Michigan Compiled Laws / Chapter 559 / Act 59 of 1978

Mich. Comp. Laws § 559.137

Allocation to condominium unit of undivided interest in common elements proportionate to percentage of value assigned; statement, table, exhibit, or schedule in master deed; formula; basis of reallocation; allocating percentage of value to convertible space; alteration of undivided interest in common elements; partition of common elements.

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CONDOMINIUM ACT


Act 59 of 1978


559.137 Allocation to condominium unit of undivided interest in common elements proportionate to percentage of value assigned; statement, table, exhibit, or schedule in master deed; formula; basis of reallocation; allocating percentage of value to convertible space; alteration of undivided interest in common elements; partition of common elements.

Sec. 37.

    (1)  The master deed may allocate to each condominium unit an undivided interest in the common elements proportionate to its percentage of value assigned as provided in this act.

    (2) If an equal percentage of value is allocated to each condominium unit, the master deed may simply state that fact and need not express the fraction or percentage so allocated.

    (3) If an equal percentage of value is not assigned, the percentage of value allocated to each condominium unit shall be reflected by a table in the master deed or by an exhibit or schedule accompanying the master deed and recorded simultaneously therewith. The table shall identify the condominium units, listing them serially or grouping them together in the case of condominium units to which identical percentages of value are allocated, and setting forth the respective percentages relative to the several condominium units. The master deed or the exhibit or schedule shall set forth, with reasonable clarity, the formula upon which the percentages were allocated in the original master deed and the basis upon which the same will be reallocated in any modification of the master deed by which condominium units will be added, withdrawn, or modified, which basis may provide for reasonable flexibility if different types of condominium units are introduced into the condominium project in subsequent phases thereof.

    (4) A convertible space shall be allocated a percentage of value in accordance with the formula used to derive the original percentage of value.

    (5) Except to the extent otherwise expressly provided by this act, the undivided interest in the common elements allocated to any condominium unit shall not be altered, and any purported transfer, encumbrance, or other disposition of that interest without the condominium unit to which it appertains is void.

    (6) The common elements shall not be subject to an action for partition unless the condominium project is terminated.

History: 1978, Act 59, Eff. July 1, 1978

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2010–2025 · leading case: Paris Meadows, LLC v. City of Kentwood
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Paris Meadows, LLC v. City of Kentwood (2010) michctapp · cites it 6× “MCL 559.137(1). Additionally, “the undivided interest in the common elements allocated to any condominium unit shall not be altered, and any purported transfer, encumbrance, or other disposition of that interest without the condominium unit to which it appertains is void,”…”
Carola Condominium Association v. Dustin Chappell (2016) michctapp · cites it 3× “” MCL 559.137(5). The MCA mandates that “[s]pecial assessments and property taxes” be “assessed against the individual condominium units identified as units of the condominium subdivision plan and not the total property of the project or any other part of the project .”
Hometown Village of Marion Association v. Marion Township (2021) mied · cites it 3× “” Mich. Comp. Laws § 559.137 (5). According to the Association, the foreclosure and quit claim conveyance of the Phase III property unlawfully purported to transfer undivided interests in Phase III common elements held by owners of units 1–267 without transferring the units to…”
Daoud Mousa Janini v. London Townhouses Condominium Association (2024) mich · cites it 3× “The Condominium Act also recognizes that the condominium association is a separate legal entity that is capable of being sued.”
Woodland Estates LLC v. City of Sterling Heights (2016) michctapp · cites it 2× “MCL 559.137. It is undisputed that plaintiff does not own a unit in the Woodland Estates Condominium.”
Joel Dorfman v. Pierce Martin LLC (2017) michctapp “The Association also contends that any approval given violates MCL 559.137(5), which generally renders void any alteration of “the undivided interest in the common elements allocated to any condominium unit” by “any purported transfer, encumbrance, or other disposition of that…”
Joel Dorfman v. Pierce Martin LLC (2017) michctapp “The Association also contends that any approval given violates MCL 559.137(5), which generally renders void any alteration of “the undivided interest in the common elements allocated to any condominium unit” by “any purported transfer, encumbrance, or other disposition of that…”
C Daoud Mousa Janini v. London Townhouses Condominium Association (2022) michctapp “I would conclude that because the Association is the sole party in possession and control of common 4 MCL 559.137(5) provides that “[e]xcept to the extent otherwise expressly provided by this act, the undivided interest in the common elements allocated to any condominium unit…”
Farmington Square Condominium Association v. Keith Mitan (2025) michctapp “See Janini v London Townhouses Condo Assoc, 514 Mich 86 , 99; ___ NW3d ___ (2024) (“[W]hile condominium co-owners have an undivided interest in the common elements, MCL 559.137(1); see also MCL 559.163, that interest does not necessarily amount to control over the common…”
— Mich. Comp. Laws § 559.137(1) — 4 cases
Paris Meadows, LLC v. City of Kentwood (2010) michctapp “MCL 559.137(1). Additionally, “the undivided interest in the common elements allocated to any condominium unit shall not be altered, and any purported transfer, encumbrance, or other disposition of that interest without the condominium unit to which it appertains is void,”…”
Woodland Estates LLC v. City of Sterling Heights (2016) michctapp “MCL 559.137. It is undisputed that plaintiff does not own a unit in the Woodland Estates Condominium.”
Daoud Mousa Janini v. London Townhouses Condominium Association (2024) mich “The Condominium Act also recognizes that the condominium association is a separate legal entity that is capable of being sued.”
Farmington Square Condominium Association v. Keith Mitan (2025) michctapp “See Janini v London Townhouses Condo Assoc, 514 Mich 86 , 99; ___ NW3d ___ (2024) (“[W]hile condominium co-owners have an undivided interest in the common elements, MCL 559.137(1); see also MCL 559.163, that interest does not necessarily amount to control over the common…”
— Mich. Comp. Laws § 559.137(5) — 6 cases
Paris Meadows, LLC v. City of Kentwood (2010) michctapp “MCL 559.137(1). Additionally, “the undivided interest in the common elements allocated to any condominium unit shall not be altered, and any purported transfer, encumbrance, or other disposition of that interest without the condominium unit to which it appertains is void,”…”
Carola Condominium Association v. Dustin Chappell (2016) michctapp “” MCL 559.137(5). The MCA mandates that “[s]pecial assessments and property taxes” be “assessed against the individual condominium units identified as units of the condominium subdivision plan and not the total property of the project or any other part of the project .”
Joel Dorfman v. Pierce Martin LLC (2017) michctapp “The Association also contends that any approval given violates MCL 559.137(5), which generally renders void any alteration of “the undivided interest in the common elements allocated to any condominium unit” by “any purported transfer, encumbrance, or other disposition of that…”
Joel Dorfman v. Pierce Martin LLC (2017) michctapp “The Association also contends that any approval given violates MCL 559.137(5), which generally renders void any alteration of “the undivided interest in the common elements allocated to any condominium unit” by “any purported transfer, encumbrance, or other disposition of that…”
C Daoud Mousa Janini v. London Townhouses Condominium Association (2022) michctapp “I would conclude that because the Association is the sole party in possession and control of common 4 MCL 559.137(5) provides that “[e]xcept to the extent otherwise expressly provided by this act, the undivided interest in the common elements allocated to any condominium unit…”
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