Michigan Compiled Laws
Mich. Comp. Laws § 559.239 (2026)
Complaint for nonpayment of assessments; answer; set off.
✓ current as of July 2026
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CONDOMINIUM ACT
Act 59 of 1978
559.239 Complaint for nonpayment of assessments; answer; set off.
Sec. 139.
A co-owner may not assert in an answer, or set off to a complaint brought by the association for non-payment of assessments the fact that the association of co-owners or its agents have not provided the services or management to a co-owner(s).
History: 1978, Act 59, Eff. July 1, 1978
Notes of Decisions
Cited in 4
cases, 1984–2020 · leading case: Newport West Condo. Ass'n v. Veniar, 350 N.W.2d 818 (Mich. Ct. App. 1984).
Newport West Condo. Ass'n v. Veniar, 350 N.W.2d 818 (Mich. Ct. App. 1984). “Section 139 of the act, MCL 559.239; MSA 26.50(239), provides: "A co-owner may not assert in an answer, or set off to a complaint brought by the association for non-payment of assessments the fact that the association of co-owners or its agents have not provided the services or…”
Shoreline East Condo. Ass'n v. Gregory Gray (Mich. Ct. App. 2017). “” MCL 559.239. Defendants’ argument necessarily fails as a matter of law, and no relevant facts are in dispute.”
Shoreline East Condo. Ass'n v. Gregory Gray (Mich. Ct. App. 2017). “” MCL 559.239. Defendants’ argument necessarily fails as a matter of law, and no relevant facts are in dispute.”
Square Lake Hills Ass'n v. Russell Garland (Mich. Ct. App. 2020). “See MCL 559.239. This footnote is hardly a resolution of Garland’s negligence and breach of contract claims—it merely states that “to the extent” Garland argued that the association’s failure to remedy “certain issues” with the property was a defense to the association’s claim…”
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