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

Mich. Comp. Laws § 559.172

Establishment of condominium project; sale of condominium unit before master deed recorded prohibited; exception; substantial failure of master deed to comply with act; marketability of title.

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CONDOMINIUM ACT


Act 59 of 1978


559.172 Establishment of condominium project; sale of condominium unit before master deed recorded prohibited; exception; substantial failure of master deed to comply with act; marketability of title.

Sec. 72.

    (1)  A condominium project for any property shall be established upon the recording of a master deed that complies with this act.

    (2) Except as provided in section 88, a condominium unit shall not be sold by or on behalf of the developer before a master deed is recorded for the condominium units in the project.

    (3) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the master deed to comply with this act. Whether a substantial failure of the master deed to comply with this act impairs marketability is not affected by this subsection.

History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983 ;-- Am. 1983, Act 113, Imd. Eff. July 12, 1983

Notes of Decisions
Cited in 3 cases, 2010–2020 · leading case: Paris Meadows, LLC v. City of Kentwood
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Paris Meadows, LLC v. City of Kentwood (2010) michctapp “MCL 559.172(1). A “condominium project” under the MCA is “a plan or project consisting of not less than 2 condominium units established in conformance with this act.”
Robert Gordon v. Cornerstone Rg LLC (2016) michctapp · cites it 2× “Initially, we acknowledge that MCL 559.172 precludes condominium developers, like defendants, from selling units before the recording of the master deed, and we also acknowledge that contracts created in violation of a statute are void.”
Bayberry Group Inc v. Crystal Beach Condominium Association (2020) michctapp “104(1), is established upon the recording of a master deed, MCL 559.172(1). Importantly, the master deed must include an accurate legal description of the land involved in the project.”
— Mich. Comp. Laws § 559.172(1) — 3 cases
Paris Meadows, LLC v. City of Kentwood (2010) michctapp “MCL 559.172(1). A “condominium project” under the MCA is “a plan or project consisting of not less than 2 condominium units established in conformance with this act.”
Robert Gordon v. Cornerstone Rg LLC (2016) michctapp “Initially, we acknowledge that MCL 559.172 precludes condominium developers, like defendants, from selling units before the recording of the master deed, and we also acknowledge that contracts created in violation of a statute are void.”
Bayberry Group Inc v. Crystal Beach Condominium Association (2020) michctapp “104(1), is established upon the recording of a master deed, MCL 559.172(1). Importantly, the master deed must include an accurate legal description of the land involved in the project.”
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