Michigan guide

Michigan condo document review

Michigan condo document review is governed by the Michigan Condominium Act (MCL §559.101 et seq., Public Act 59 of 1978). The Act draws a sharp line between new construction and resale.

Risk Intelligence

Get Your Free Condo Risk Report

Get My Free Risk Report

Expert Matching

Need a real estate lawyer or mortgage specialist?

New-construction buyers receive a defined developer package — the recorded master deed, a conforming purchase agreement, an escrow agreement, the Condominium Buyer's Handbook, and a disclosure statement — and a 9-business-day right to withdraw without penalty (MCL §559.184). Resale buyers get neither a statutory resale certificate nor a statutory rescission period, so they must extract the governing documents, financials, minutes, insurance, reserve information, and a lien/assessment statement by contract. Because Michigan has no active condo regulator to take complaints, document review is the buyer's primary protection — read reserves, insurance, and assessment history together against the building's age and Michigan's climate.

New construction: the developer package and the 9-day clock

Under MCL §559.184 and §559.184a, a developer must deliver the recorded master deed, a conforming purchase agreement, an escrow agreement, the Condominium Buyer's Handbook, and a disclosure statement covering the association's possible liabilities, the developer's identity and experience, a projected first-year budget, and any express warranties (plus, for conversions, building-component condition and outstanding code violations). The buyer may withdraw without cause or penalty within 9 business days of receiving the documents, with escrow returned within 3 business days. If a required document is missing, the window does not start.

Resale: no statutory certificate, so request everything

A resale purchase is not governed by condo-specific statutory disclosure provisions. There is no statutory resale certificate and no statutory rescission. The general Seller Disclosure Act (Act 92 of 1993) covers the unit's physical condition, not association finances. Request the master deed, bylaws, recorded amendments and rules, the current budget and reserve balance, the last one to two years of financials, board and owner minutes, the master-insurance declarations page and claims history, any reserve study or engineering report, and a written statement of unpaid assessments or liens against the unit.

Condo, site condo, or true HOA?

Confirm what you are actually buying. Many Michigan communities that look like ordinary subdivisions are site condominiums organized under a master deed, which means the full Condominium Act applies — bringing reserve, lien, disclosure, and developer-transition protections a true deed-restricted HOA would not have. A genuine HOA runs on its recorded declaration plus the Nonprofit Corporation Act. This condo-versus-HOA distinction is a first-order due-diligence step in Michigan.

Reserves and assessments: read for future cost

Michigan requires a reserve fund (MCL §559.205) but only at a 10%-of-budget noncumulative floor, and no reserve study is required. Read the reserve balance and any study against the building's roof, parking-deck, and envelope needs, then check the special-assessment history and minutes. Demand a written statement of any pending or approved special assessment — a buyer who closes can inherit an approved-but-unbilled assessment.

Michigan legal references

Informational only. Not legal advice. Always confirm against current statute and counsel.

Need help applying these Michigan statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.

Find a Michigan specialist

Reviewer's checklist

  • Confirm whether the project is a condo, a site condo, or a true deed-restricted HOA
  • For new builds, confirm the full developer package was delivered (starts the 9-business-day clock)
  • For resales, obtain the master deed, bylaws, recorded amendments, and rules by contract
  • Request the current budget and reserve balance — confirm it at least meets the 10% noncumulative floor
  • Request any reserve study or engineering report (not required, but request if it exists)
  • Obtain the last one to two years of financial statements
  • Read the last one to two years of board and owner meeting minutes
  • Request the master-insurance declarations page and claims history (check ice-dam coverage and deductible)
  • Request a written statement of unpaid assessments or liens on the unit (MCL §559.208)
  • Build cancellation contingencies into the contract — Michigan provides no statutory resale rescission

Want this same review on your actual documents? We do it free, with page citations you can verify.

Get My Free Risk Report

Risk Intelligence

Get Your Free Condo Risk Report

Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.

Expert Matching

Need a real estate lawyer or mortgage specialist?

We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.

  • HOA lawyer
  • Mortgage broker
  • Insurance broker

FAQ

Frequently asked questions

Risk Intelligence

Get Your Free Condo Risk Report

Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.

Expert Matching

Need a real estate lawyer or mortgage specialist?

We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.

  • HOA lawyer
  • Mortgage broker
  • Insurance broker