CONDOMINIUM ACT
Act 59 of 1978
559.211 Sale or conveyance of condominium unit; payment and statement of unpaid assessments; liability for unpaid assessments.
Sec. 111.
(1) Upon the sale or conveyance of a condominium unit, all unpaid assessments, interest, late charges, fines, costs, and attorney fees against a condominium unit shall be paid out of the sale price or by the purchaser in preference over any other assessments or charges of whatever nature except the following:
(a) Amounts due the state, or any subdivision thereof, or any municipality for taxes and special assessments due and unpaid on the condominium unit.
(b) Payments due under a first mortgage having priority thereto.
(2) A purchaser or grantee is entitled to a written statement from the association of co-owners setting forth the amount of unpaid assessments, interest, late charges, fines, costs, and attorney fees against the seller or grantor and the purchaser or grantee is not liable for, nor is the condominium unit conveyed or granted subject to a lien for any unpaid assessments, interest, late charges, fines, costs, and attorney fees against the seller or grantor in excess of the amount set forth in the written statement. Unless the purchaser or grantee requests a written statement from the association of co-owners as provided in this act, at least 5 days before sale, the purchaser or grantee shall be liable for any unpaid assessments against the condominium unit together with interest, costs, fines, late charges, and attorney fees incurred in the collection thereof.
History: 1978, Act 59, Eff. July 1, 1978 ;-- Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001
Notes of Decisions
Wells Fargo Bank v. Country Place Condo. Ass'n, 848 N.W.2d 425 (Mich. Ct. App. 2014).
· cites it 12× “” On the other hand, under [MCL 559.211], Plaintiff, if considered a purchaser in the “sale or conveyance of a condominium unit,” is liable for “any unpaid assessments against the condominium unit together with interest, costs, fines, late charges, and attorney fees incurred in…”
Fed. Nat'l Mortg. Ass'n v. Lagoons Forest Condo. Ass'n, 852 N.W.2d 217 (Mich. Ct. App. 2014).
· cites it 11× “Fannie Mae argued that the condominium fees were illegal because defendant’s lien was extinguished by the foreclosure and that the provision of the Condominium Act requiring notice to the association before a transfer, MCL 559.211, does not apply to assignments after a…”
Coventry Parkhomes Condo. Ass'n v. Fed. Nat'l Mortg. Ass'n, 827 N.W.2d 379 (Mich. Ct. App. 2012).
· cites it 7× “Coventry also argues that under MCL 559.211, FNMA is liable to Coventry for all unpaid assessments, interest, late charges, fines, costs, and attorney fees because FNMA is a “purchaser” under MCL 565.”
Mich. Comp. Laws § 559.211(1): 2 cases
Wells Fargo Bank v. Country Place Condo. Ass'n, 848 N.W.2d 425 (Mich. Ct. App. 2014).
“” On the other hand, under [MCL 559.211], Plaintiff, if considered a purchaser in the “sale or conveyance of a condominium unit,” is liable for “any unpaid assessments against the condominium unit together with interest, costs, fines, late charges, and attorney fees incurred in…”
Coventry Parkhomes Condo. Ass'n v. Fed. Nat'l Mortg. Ass'n, 827 N.W.2d 379 (Mich. Ct. App. 2012).
“Coventry also argues that under MCL 559.211, FNMA is liable to Coventry for all unpaid assessments, interest, late charges, fines, costs, and attorney fees because FNMA is a “purchaser” under MCL 565.”
Mich. Comp. Laws § 559.211(2): 2 cases
Fed. Nat'l Mortg. Ass'n v. Lagoons Forest Condo. Ass'n, 852 N.W.2d 217 (Mich. Ct. App. 2014).
“Fannie Mae argued that the condominium fees were illegal because defendant’s lien was extinguished by the foreclosure and that the provision of the Condominium Act requiring notice to the association before a transfer, MCL 559.211, does not apply to assignments after a…”
Wells Fargo Bank v. Country Place Condo. Ass'n, 848 N.W.2d 425 (Mich. Ct. App. 2014).
“” On the other hand, under [MCL 559.211], Plaintiff, if considered a purchaser in the “sale or conveyance of a condominium unit,” is liable for “any unpaid assessments against the condominium unit together with interest, costs, fines, late charges, and attorney fees incurred in…”
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