Mich. Comp. Laws § 559.232

Construction lien; limitations.

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CONDOMINIUM ACT


Act 59 of 1978


559.232 Construction lien; limitations.

Sec. 132.

    A construction lien otherwise arising under the construction lien act, 1980 PA 497, MCL 570.1101 to 570.1305, is subject to the following limitations:

    (a) Except as provided in this section, a construction lien for work performed upon a condominium unit or upon a limited common element may attach only to the condominium unit upon which the work was performed or to which the limited common element is appurtenant.

    (b) A construction lien for work authorized by the developer, residential builder, or principal contractor and performed upon the common elements may attach only to condominium units owned by the developer, residential builder, or principal contractor at the time of recording of the statement of account and lien.

    (c) A construction lien for work authorized by the association of co-owners may attach to each condominium unit only to the proportionate extent that the co-owner of the condominium unit is required to contribute to the expenses of administration as provided by the condominium documents.

    (d) A construction lien may not arise or attach to a condominium unit for work performed on the common elements not contracted by the developer, residential builder, or principal contractor or by the association of co-owners.

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

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: C D Barnes Associates Inc. v. Star Heaven, LLC
C D Barnes Associates Inc. v. Star Heaven, LLC (2013) michctapp · cites it 5× “161 and MCL 559.232, required Barnes to file separate liens against each individual condominium unit for work performed on that unit and precluded Barnes from filing a lien against the entire project.”
— Mich. Comp. Laws § 559.232(a) — 1 case
C D Barnes Associates Inc. v. Star Heaven, LLC (2013) michctapp “161 and MCL 559.232, required Barnes to file separate liens against each individual condominium unit for work performed on that unit and precluded Barnes from filing a lien against the entire project.”
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