CONDOMINIUM ACT
Act 59 of 1978
559.207 Action to enforce terms and provisions of condominium documents; action for injunctive relief or damages.
Sec. 107.
A co-owner may maintain an action against the association of co-owners and its officers and directors to compel these persons to enforce the terms and provisions of the condominium documents. In such a proceeding, 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 that the condominium documents expressly so provide. A co-owner may maintain an action against any other co-owner for injunctive relief or for damages or any combination thereof for noncompliance with the terms and provisions of the condominium documents or this act.
History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001
Notes of Decisions
Phyllis Davis v. Echo Valley Condo. Ass'n, 945 F.3d 483 (6th Cir. 2019).
“” See also Mich. Comp. Laws § 559.207 . But this secondary-liability theory means that Davis must show more than that she has a breach-of-covenant claim against the Lamnins.”
Newport West Condo. Ass'n v. Veniar, 350 N.W.2d 818 (Mich. Ct. App. 1984).
“This remedy consists of legal action against the association, see MCL 559.207; MSA 26.50(207), and not the withholding of fees.”
Daoud Mousa Janini v. London Townhouses Condo. Ass'n (Mich. 2024).
· cites it 10× “See MCL 559.207 (“A co-owner may maintain an action against the association of co-owners and its officers and directors to compel these persons to enforce the terms and provisions of the condominium documents.”
Shalbhadra Bafna v. Brynmawr Condo. Ass'n (Mich. Ct. App. 2018).
· cites it 4× “Plaintiff also alleged that defendant was required by MCL 559.207 to have a bylaw provision requiring costs to be paid to a co-owner who prevails in a court action against defendant, but defendant had not amended its bylaws to add such a provision.”
Donna Stadler v. Fontainebleau Condos. Ass'n (Mich. Ct. App. 2019).
· cites it 3× “Plaintiff argues that, because the article of defendant’s bylaws at issue in this case allows for the recovery of attorney fees in situations other than those contemplated by MCL 559.206(b) and 559.207, they are in conflict with the Condominium Act.”
Channel View East Condo. Assn Inc v. Gregory v. Ferguson (Mich. Ct. App. 2019).
“We note that at any time more than 15 months after formation of the corporation, defendant or another co-owner could have initiated a proceeding to require plaintiff to comply with the bylaws, MCL 559.207, or to compel elections, MCL 450.”
Channel View East Condo. Assn Inc v. Gregory v. Ferguson (Mich. Ct. App. 2019).
“We note that at any time more than 15 months after formation of the corporation, defendant or another co-owner could have initiated a proceeding to require plaintiff to comply with the bylaws, MCL 559.207, or to compel elections, MCL 450.”
Marc Goodson v. Hugh Cairns (Mich. Ct. App. 2020).
“He argued that MCL 559.207 provided that a co-owner may maintain an action against the association of co-owners and its officers and directors to compel enforcements of the terms and provision of the condominium documents, and allowed him to recover the costs of the proceeding…”
Deep Harbor Condo. Ass'n v. Marine Adventure LLC (Mich. Ct. App. 2020).
“adversely affected by a violation of or failure to comply with this act, rules promulgated under this act, or any provision of an agreement or a master deed may bring an action for relief in a court of competent jurisdiction.”
Channel View East Condo. Assn Inc v. Gregory v. Ferguson (Mich. Ct. App. 2021).
“6 To the extent that the bylaws could be read as requiring the creation of rules and regulations, “defendant or another co-owner could have initiated a proceeding to require plaintiff to comply with the bylaws, MCL 559.207 . . . .” Channel View I, unpub op at 7.”
C Daoud Mousa Janini v. London Townhouses Condo. Ass'n (Mich. Ct. App. 2022).
“Plaintiff’s purchase of a membership in the cooperative entitled her to occupy her townhome and entitled 7 See MCL 559.207 (“A co-owner may maintain an action against the association of co-owners and its officers and directors to compel these persons to enforce the terms and…”
20250211_C367748_40_367748.Opn.Pdf (Mich. Ct. App. 2025).
“This decision was flawed due to the presence of genuine issues of fact over whether plaintiff had received sufficient notice to voice objections to the defendants’ plans prior to the deck’s completion.”
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