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

Mich. Comp. Laws § 559.167 (2026)

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.

✓ current as of July 2026
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CONDOMINIUM ACT


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.

Sec. 67.

    (1) A change in a condominium project shall be reflected in an amendment to the appropriate condominium document. An amendment to the condominium document is subject to sections 90, 90a, and 91.

    (2) If a change involves a change in the boundaries of a condominium unit or the addition or elimination of condominium units, a replat of the condominium subdivision plan shall be prepared and recorded assigning a condominium unit number to each condominium unit in the amended project. The replat of the condominium subdivision plan shall be designated replat number __________ of __________ county condominium subdivision plan number __________, using the same plan number assigned to the original condominium subdivision plan.

    (3) Notwithstanding section 33, for 10 years after the recording of the master deed, the developer, its successors, or assigns may withdraw from the project any undeveloped land or convert the undeveloped condominium units located thereon to "must be built" without the prior consent of any co-owners, mortgagees of condominium units in the project, or any other party having an interest in the project. If the master deed confers on the developer expansion, contraction, or convertibility rights with respect to condominium units or common elements in the condominium project, then the time period is 10 years after the recording of the master deed or 6 years after the recording of the amendment to the master deed by which the developer last exercised its expansion, contraction, or convertibility rights, whichever period ends later. Any undeveloped land so withdrawn is automatically granted easements for utility and access purposes through the condominium project for the benefit of the undeveloped land.

    (4) If the developer does not withdraw undeveloped land from the project or convert undeveloped condominium units to "must be built" before expiration of the applicable time period under subsection (3), the association of co-owners, by an affirmative 2/3 majority vote of the members in good standing, may declare that the undeveloped land shall remain part of the project but shall revert to general common elements and that all rights to construct condominium units upon that undeveloped land shall cease. When such a declaration is made, the association of co-owners shall provide written notice of the declaration to the developer or any successor developer by first-class mail at its last known address. Within 60 days after receipt of the notice, the developer or any successor developer may withdraw the undeveloped land or convert the undeveloped condominium units to "must be built". However, if the undeveloped land is not withdrawn or the undeveloped condominium units are not converted within 60 days, the association of co-owners may file the notice of the declaration with the register of deeds. The declaration takes effect upon recording by the register of deeds. The association of co-owners shall also file notice of the declaration with the local supervisor or assessing officer. In such an event, if it becomes necessary to adjust percentages of value as a result of fewer condominium units existing, a co-owner or the association of co-owners may bring an action to require revisions to the percentages of value under section 95.

    (5) A reversion under subsection (4), whether occurring before or after the date of the 2016 amendatory act that added this subsection, is not effective unless the election, notice, and recording requirements of subsection (4) have been met.

    (6) Subsections (3) and (4) do not apply to condominium units no longer owned by the developer or by the owner of the property at the time the property became part of the condominium project, unless the purchaser from the developer or owner of the property at the time the property became part of the condominium project is a successor developer under section 135.

    (7) As used in this section, "undeveloped land" means land on which were recorded 1 or more condominium units, none of which were either identified in the condominium subdivision plan as "must be built" or have had construction commenced, although infrastructure construction or common element construction may have commenced. Undeveloped land does not include condominium units that are depicted or described on the condominium subdivision plan pursuant to section 66 as containing no vertical improvements.

History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002 ;-- Am. 2016, Act 233, Eff. Sept. 21, 2016

Notes of Decisions
Cited in 12 cases (8 in the last 5 years), 2017–2026 · leading case: Cove Creek Condo. Assoc v. Vistal Land & Home Dev. LLC (Mich. Ct. App. 2019).
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Cove Creek Condo. Assoc v. Vistal Land & Home Dev. LLC (Mich. Ct. App. 2019). · cites it 33× “The gravamen of this matter is a dispute as to which version of MCL 559.167 of the Condominium Act, MCL 559.”
Wellesley Gardens Condo. Ass'n v. Ashish P Manek (Mich. Ct. App. 2020). · cites it 32× “The circuit court granted Wellesley declaratory judgment and quieted title to Units 210- 427 in favor of Wellesley, holding that MCL 559.167 precluded Shunnar from successfully asserting any claim to the units because the units had ceased to exist by operation of that statute.”
Elizabeth Trace Condo. Assoc v. Am. Global Enter. (Mich. Ct. App. 2022). · cites it 32× “Once the moving party meets this burden, the burden shifts to the nonmoving party to submit evidence establishing that there is a genuine 1 MCL 559.167 was amended on September 21, 2016.”
Ferry Beaubien LLC v. Centurion Place on Ferry Street Condo (Mich. Ct. App. 2017). · cites it 11× “235,1 and that, under MCL 559.167, any purchaser would be required to complete construction of Units 9 and 10 before July 26, 2016—or ten years after 1 MCL 559.”
Ferry Beaubien LLC v. Centurion Place on Ferry Street Condo (Mich. Ct. App. 2017). · cites it 11× “235,1 and that, under MCL 559.167, any purchaser would be required to complete construction of Units 9 and 10 before July 26, 2016—or ten years after 1 MCL 559.”
Woodfield Greens Condo. Assn v. Soho Land Dev. Inc (Mich. Ct. App. 2026). · cites it 11× “2 This is the version of the statute that was in effect at the relevant time of this case, and any reference to MCL 559.167 in this opinion is to this version of the statute.”
Charter Twp. of Fenton v. Fenton Orchards Condo. Assn (Mich. Ct. App. 2025). · cites it 4× “Plaintiff further argued that the units at issue were considered site condominiums, which meant that they were considered developed the minute they were recorded, and they could not be considered “undeveloped” as 1 MCL 559.167 was amended by 2016 PA 233 , effective September 21,…”
Triple Props. Detroit, LLC v. First Am. Title Ins. Co. (E.D. Mich. 2025). · cites it 3× “Laws § 559.167 (3) prior to its amendment on September 21, 2016—stated: [I]f the Developer has not completed development and construction of units … in the condominium project that are identified as “need not be built” during a period ending 10 years after the date of…”
Triple Props. Detroit, LLC v. First Am. Title Ins. Co. (6th Cir. 2026). · cites it 3× “Relevant here, the Master Deed contained language tracking a then-operative provision of Michigan’s Condominium Act, Mich. Comp. Laws § 559.167 (3). The clause at issue stated that “if the Developer has not completed” construction of the entire Project “during a period ending 10…”
Kenneth Rudisel v. Torchport Airpark LLC (Mich. Ct. App. 2024). “VNI also did not withdraw the need-not-be-built parcel from the project as authorized by § 67 of the Condominium Act, MCL 559.167. As a consequence, by operation of § 67, this vacant parcel became a general common element within the project.”
Soho Land Dev. Inc v. Oakland Cnty. Treasurer (Mich. Ct. App. 2024). “1 Prior to 2016, MCL 559.167(3) provided that, under certain conditions, if a developer had not completed development and construction of condominium units within 10 years after the commencement of construction, the undeveloped portions of the project would revert by operation…”
20250113_C364972_44_364972.Opn.Pdf (Mich. Ct. App. 2025). “The trial court acknowledged that the law on that matter was unclear and there was “little binding caselaw on which to rely,” but it held that MCL 559.167(3), the statute on which the third-party plaintiffs’ reversion claims relied, did not apply to the condominiums.”
— Mich. Comp. Laws § 559.167(1) — 1 case
Woodfield Greens Condo. Assn v. Soho Land Dev. Inc (Mich. Ct. App. 2026). “2 This is the version of the statute that was in effect at the relevant time of this case, and any reference to MCL 559.167 in this opinion is to this version of the statute.”
— Mich. Comp. Laws § 559.167(2) — 1 case
Cove Creek Condo. Assoc v. Vistal Land & Home Dev. LLC (Mich. Ct. App. 2019). “The gravamen of this matter is a dispute as to which version of MCL 559.167 of the Condominium Act, MCL 559.”
— Mich. Comp. Laws § 559.167(3) — 10 cases
Elizabeth Trace Condo. Assoc v. Am. Global Enter. (Mich. Ct. App. 2022). “Once the moving party meets this burden, the burden shifts to the nonmoving party to submit evidence establishing that there is a genuine 1 MCL 559.167 was amended on September 21, 2016.”
Wellesley Gardens Condo. Ass'n v. Ashish P Manek (Mich. Ct. App. 2020). “The circuit court granted Wellesley declaratory judgment and quieted title to Units 210- 427 in favor of Wellesley, holding that MCL 559.167 precluded Shunnar from successfully asserting any claim to the units because the units had ceased to exist by operation of that statute.”
Cove Creek Condo. Assoc v. Vistal Land & Home Dev. LLC (Mich. Ct. App. 2019). “The gravamen of this matter is a dispute as to which version of MCL 559.167 of the Condominium Act, MCL 559.”
Woodfield Greens Condo. Assn v. Soho Land Dev. Inc (Mich. Ct. App. 2026). “2 This is the version of the statute that was in effect at the relevant time of this case, and any reference to MCL 559.167 in this opinion is to this version of the statute.”
Ferry Beaubien LLC v. Centurion Place on Ferry Street Condo (Mich. Ct. App. 2017). “235,1 and that, under MCL 559.167, any purchaser would be required to complete construction of Units 9 and 10 before July 26, 2016—or ten years after 1 MCL 559.”
— Mich. Comp. Laws § 559.167(5) — 1 case
Cove Creek Condo. Assoc v. Vistal Land & Home Dev. LLC (Mich. Ct. App. 2019). “The gravamen of this matter is a dispute as to which version of MCL 559.167 of the Condominium Act, MCL 559.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.