Michigan Compiled Laws
Mich. Comp. Laws § 559.206 (2026)
Default by co-owner; relief.
✓ current as of July 2026
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CONDOMINIUM ACT
Act 59 of 1978
559.206 Default by co-owner; relief.
Sec. 106.
A default by a co-owner shall entitle the association of co-owners to the following relief:
(a) Failure to comply with any of the terms or provisions of the condominium documents, shall be grounds for relief, which may include without limitations, an action to recover sums due for damages, injunctive relief, foreclosure of lien if default in payment of assessment, or any combination thereof.
(b) In a proceeding arising because of an alleged default by a co-owner, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as determined by the court, to the extent the condominium documents expressly so provide.
(c) Such other reasonable remedies the condominium documents may provide including but without limitation the levying of fines against co-owners after notice and hearing thereon and the imposition of late charges for nonpayment of assessments as provided in the condominium bylaws or rules and regulations of the condominium.
History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001
Notes of Decisions
Cited in 21
cases (7 in the last 5 years), 1983–2025 · leading case: Tuscany Grove Ass'n v. Peraino, 875 N.W.2d 234 (Mich. Ct. App. 2015).
Tuscany Grove Ass'n v. Peraino, 875 N.W.2d 234 (Mich. Ct. App. 2015). “Turning to consideration of the Condominium Act, plaintiff argues that any limitation on its authority to sue a co-owner for violation of the bylaws directly conflicts with MCL 559.206(a), which states: A default by a co-owner shall entitle the association of co-owners to the…”
Windemere Commons I Ass'n v. O'BRIEN, 713 N.W.2d 814 (Mich. Ct. App. 2006). “” Article XIX, § 2 of plaintiffs condominium bylaws provides for an award of costs and reasonable attorney fees to the association if the association is successful in an action arising out of the alleged default of a co-owner.”
Newport West Condo. Ass'n v. Veniar, 350 N.W.2d 818 (Mich. Ct. App. 1984). “” MCL 559.206(b); MSA 26.50(206)(b). Because, as determined supra in this opinion, plaintiff could properly proceed under the Condominium Act, this provision is controlling.”
Cohan v. Riverside Park Place Condo. Ass'n, Inc., 333 N.W.2d 574 (Mich. Ct. App. 1983). “See Bylaws, art XI, § (l)(b); MCL 559.206(b); MSA 26.50(206)(b). We hold the trial court properly awarded costs and attorney fees incurred by defendants in prosecuting their counterclaim for inspection.”
Highfield Beach at Lake Michigan v. Scott E Sanderson (Mich. Ct. App. 2020). “MCL 559.206(a) provides that “[f]ailure to comply with any of the terms or provisions of the condominium documents, shall be grounds for relief, which may include without limitations, an action to recover sums due for damages, injunctive relief, foreclosure of lien if default in…”
The Townes at Liberty Park Condo Assoc v. Arabella Ventures Inc (Mich. Ct. App. 2024). “The Association requested relief under MCL 559.206 and the bylaws, including a permanent injunction ordering Arabella to “(i) immediately remove the Unit listing from Airbnb and any similar short-term rental service and (ii) permanently cease all further short term rentals of…”
Donna Stadler v. Fontainebleau Condos. Ass'n (Mich. Ct. App. 2019). “1 Plaintiff moved for summary disposition, contending that Article XVIII, Section 3 of defendant’s bylaws was unenforceable because it conflicted with the provisions governing the recovery of attorney fees in the Michigan Condominium Act, MCL 559.”
Channel View East Condo. Assn Inc v. Gregory v. Ferguson (Mich. Ct. App. 2021). “]” Under the bylaws, unpaid fines do not become liens and, even if they did, the bylaws do not grant plaintiff authority to foreclose liens that consist only of fines.”
Copperfield Villas Ass'n v. Barry Tuer Jr (Mich. Ct. App. 2022). “206(b) of the Condominium Act provides: In a proceeding arising because of an alleged default by a co-owner, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as determined by the court, to the…”
Ferry Beaubien LLC v. Centurion Place on Ferry Street Condo (Mich. Ct. App. 2017). “-8- Defendant also argues that it is entitled to costs and reasonable attorney fees under MCL 559.206(b), which states that, “[i]n a proceeding arising because of an alleged default by a co- owner, the association of co-owners or the co-owner, if successful, shall recover the…”
Ferry Beaubien LLC v. Centurion Place on Ferry Street Condo (Mich. Ct. App. 2017). “-8- Defendant also argues that it is entitled to costs and reasonable attorney fees under MCL 559.206(b), which states that, “[i]n a proceeding arising because of an alleged default by a co- owner, the association of co-owners or the co-owner, if successful, shall recover the…”
Sunnyside Resort Condo. Assn Inc v. Neil J Beckman (Mich. Ct. App. 2019). “206(1)(b), “[i]n a proceeding arising because of an alleged default by a co-owner, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as determined by the court, to the extent the condominium…”
— Mich. Comp. Laws § 559.206(1)(b) — 1 case
Sunnyside Resort Condo. Assn Inc v. Neil J Beckman (Mich. Ct. App. 2019). “206(1)(b), “[i]n a proceeding arising because of an alleged default by a co-owner, the association of co-owners or the co-owner, if successful, shall recover the costs of the proceeding and reasonable attorney fees, as determined by the court, to the extent the condominium…”
— Mich. Comp. Laws § 559.206(a) — 5 cases
Tuscany Grove Ass'n v. Peraino, 875 N.W.2d 234 (Mich. Ct. App. 2015). “Turning to consideration of the Condominium Act, plaintiff argues that any limitation on its authority to sue a co-owner for violation of the bylaws directly conflicts with MCL 559.206(a), which states: A default by a co-owner shall entitle the association of co-owners to the…”
Channel View East Condo. Assn Inc v. Gregory v. Ferguson (Mich. Ct. App. 2021). “]” Under the bylaws, unpaid fines do not become liens and, even if they did, the bylaws do not grant plaintiff authority to foreclose liens that consist only of fines.”
Fox Pointe Ass'n v. Mary Elizabeth Ryal (Mich. Ct. App. 2019).
Highfield Beach at Lake Michigan v. Scott E Sanderson (Mich. Ct. App. 2020). “MCL 559.206(a) provides that “[f]ailure to comply with any of the terms or provisions of the condominium documents, shall be grounds for relief, which may include without limitations, an action to recover sums due for damages, injunctive relief, foreclosure of lien if default in…”
The Townes at Liberty Park Condo Assoc v. Arabella Ventures Inc (Mich. Ct. App. 2024). “The Association requested relief under MCL 559.206 and the bylaws, including a permanent injunction ordering Arabella to “(i) immediately remove the Unit listing from Airbnb and any similar short-term rental service and (ii) permanently cease all further short term rentals of…”
— Mich. Comp. Laws § 559.206(b) — 17 cases
Windemere Commons I Ass'n v. O'BRIEN, 713 N.W.2d 814 (Mich. Ct. App. 2006). “” Article XIX, § 2 of plaintiffs condominium bylaws provides for an award of costs and reasonable attorney fees to the association if the association is successful in an action arising out of the alleged default of a co-owner.”
Tuscany Grove Ass'n v. Peraino, 875 N.W.2d 234 (Mich. Ct. App. 2015). “Turning to consideration of the Condominium Act, plaintiff argues that any limitation on its authority to sue a co-owner for violation of the bylaws directly conflicts with MCL 559.206(a), which states: A default by a co-owner shall entitle the association of co-owners to the…”
Newport West Condo. Ass'n v. Veniar, 350 N.W.2d 818 (Mich. Ct. App. 1984). “” MCL 559.206(b); MSA 26.50(206)(b). Because, as determined supra in this opinion, plaintiff could properly proceed under the Condominium Act, this provision is controlling.”
Cohan v. Riverside Park Place Condo. Ass'n, Inc., 333 N.W.2d 574 (Mich. Ct. App. 1983). “See Bylaws, art XI, § (l)(b); MCL 559.206(b); MSA 26.50(206)(b). We hold the trial court properly awarded costs and attorney fees incurred by defendants in prosecuting their counterclaim for inspection.”
Highfield Beach at Lake Michigan v. Scott E Sanderson (Mich. Ct. App. 2020). “MCL 559.206(a) provides that “[f]ailure to comply with any of the terms or provisions of the condominium documents, shall be grounds for relief, which may include without limitations, an action to recover sums due for damages, injunctive relief, foreclosure of lien if default in…”
— Mich. Comp. Laws § 559.206(c) — 4 cases
Tuscany Grove Ass'n v. Peraino, 875 N.W.2d 234 (Mich. Ct. App. 2015). “Turning to consideration of the Condominium Act, plaintiff argues that any limitation on its authority to sue a co-owner for violation of the bylaws directly conflicts with MCL 559.206(a), which states: A default by a co-owner shall entitle the association of co-owners to the…”
Channel View East Condo. Assn Inc v. Gregory v. Ferguson (Mich. Ct. App. 2021). “]” Under the bylaws, unpaid fines do not become liens and, even if they did, the bylaws do not grant plaintiff authority to foreclose liens that consist only of fines.”
Oak Valley Estates Homeowners Ass'n v. Georgetta Livingstone (Mich. Ct. App. 2019).
Channel View East Condo. Assoc Inc v. Gregory v. Ferguson (Mich. Ct. App. 2023).
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