Mich. Comp. Laws § 559.169

Assessment of common expenses; contribution of co-owner.

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CONDOMINIUM ACT

Act 59 of 1978

559.169 Assessment of common expenses; contribution of co-owner.

Sec. 69.

(1) Except to the extent that the condominium documents provide otherwise, common expenses associated with the maintenance, repair, renovation, restoration, or replacement of a limited common element shall be specially assessed against the condominium unit to which that limited common element was assigned at the time the expenses were incurred. If the limited common element involved was assigned to more than 1 condominium unit, the expenses shall be specially assessed against each of the condominium units equally so that the total of the special assessments equals the total of the expenses, except to the extent that the condominium documents provide otherwise.

(2) To the extent that the condominium documents expressly so provide, any other unusual common expenses benefiting less than all of the condominium units, or any expenses incurred as a result of the conduct of less than all those entitled to occupy the condominium project or by their licensees or invitees, shall be specially assessed against the condominium unit or condominium units involved, in accordance with reasonable provisions as the condominium documents may provide.

(3) The amount of all common expenses not specially assessed under subsections (1) and (2) shall be assessed against the condominium units in proportion to the percentages of value or other provisions as may be contained in the master deed for apportionment of expenses of administration.

(4) A co-owner shall not be exempt from contributing as provided in this act by nonuse or waiver of the use of any of the common elements or by abandonment of his or her condominium unit.

History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001 ;-- Am. 2002, Act 283, Imd. Eff. May 9, 2002

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1984–2021 · leading case: Maple Forest Condominium Ass'n v. Spencer (In Re Spencer)

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Maple Forest Condominium Ass'n v. Spencer (In Re Spencer) (2011) mied · cites it 2× “” Mich. Comp. Laws § 559.169 (3), (4). Together with the master deed and bylaws, these sections furnish the conditions making Debtor’s obligation to pay assessments a covenant running with the land.”

Newport West Condominium Ass'n v. Veniar (1984) michctapp · cites it 2× “MCL 559.169(3); MSA 26.50(169)(3); Newport West Condominium Bylaws, art II, §4.”

Wells Fargo Bank v. Country Place Condominium Ass'n (2014) michctapp “*585 Defendant filed a countercomplaint alleging that it “duly levied assessments against” the condominium pursuant “to MCL 559.169 and the Condominium Bylaws . .”

Matter of Garcia (1993) mieb “§ 559.169. This provision of the Michigan Condominium Act provides for assessment of condominium expenses to the co-owners in accordance with the terms of the Master Deed and condominium bylaws; it therefore gives the developer of a condominium project, wide discretion to…”

McFarland Real Estate LLC v. Anderson Woods Condominium Assn (2019) michctapp · cites it 3× “Finally, MCL 559.169 further supports that the documents were drafted to allocate the expenses of the sewer assessment to all of the lots within the special assessment district.”

Reserve at Heritage Village Assn v. Warren Financial Acquisition (2018) michctapp · cites it 2× “VALIDITY OF DEVELOPER EXEMPTION At issue in this count was the proper interpretation of MCL 559.169(3), “at least as it relates to a developer’s liability to pay condominium assessments,” which the parties agreed was a matter of first impression in Michigan.”

Deep Harbor Condominium Association v. Marine Adventure LLC (2020) michctapp · cites it 2× “” MCL 559.169(3). Additionally, “[t]he method or formula used to determine the percentage of value of units in the project for other than voting purposes shall not be modified without the consent of each affected co-owner and mortgagee.”

Channel View East Condominium Assn Inc v. Gregory v. Ferguson (2021) michctapp “See Elbadramany v Oceans Seven Condominium Ass’n Inc, 461 So 2d 1001, 1002-1003 (Fla App, 1984) (holding that foreclosure of a lien consisting of an unpaid fine was invalid under state law because the fine was not a common expense; rather the “purpose of the fine was to punish…”

— Mich. Comp. Laws § 559.169(1) — 1 case

McFarland Real Estate LLC v. Anderson Woods Condominium Assn (2019) michctapp “Finally, MCL 559.169 further supports that the documents were drafted to allocate the expenses of the sewer assessment to all of the lots within the special assessment district.”

— Mich. Comp. Laws § 559.169(3) — 3 cases

Newport West Condominium Ass'n v. Veniar (1984) michctapp “MCL 559.169(3); MSA 26.50(169)(3); Newport West Condominium Bylaws, art II, §4.”

Reserve at Heritage Village Assn v. Warren Financial Acquisition (2018) michctapp “VALIDITY OF DEVELOPER EXEMPTION At issue in this count was the proper interpretation of MCL 559.169(3), “at least as it relates to a developer’s liability to pay condominium assessments,” which the parties agreed was a matter of first impression in Michigan.”

Deep Harbor Condominium Association v. Marine Adventure LLC (2020) michctapp “” MCL 559.169(3). Additionally, “[t]he method or formula used to determine the percentage of value of units in the project for other than voting purposes shall not be modified without the consent of each affected co-owner and mortgagee.”

— Mich. Comp. Laws § 559.169(4) — 1 case

Newport West Condominium Ass'n v. Veniar (1984) michctapp “MCL 559.169(3); MSA 26.50(169)(3); Newport West Condominium Bylaws, art II, §4.”

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