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. 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.
Read →
Michigan insurance risk
Insurance is the close-second risk in Michigan condo and HOA documents, behind reserves. The Condominium Act leaves coverage allocation to the documents (MCL §559.156), so bylaws — not the statute — determine who insures what and which deductible applies, and bylaws increasingly shift loss responsibility onto co-owners for unit-originated losses. Meanwhile the market hardened sharply: Michigan homeowner premiums rose roughly 20–25%+ in 2024–2025, among the fastest-rising nationally, driven by severe storms, winter and ice-dam losses, aging stock, and construction-cost inflation. Standard master and HO-6 policies frequently exclude or limit ice-dam and gradual water damage, and Michigan has no FAIR Plan insurer of last resort. The master policy is both a risk document and a financing document in Michigan — its deductible can affect mortgage eligibility.
Read →
Michigan reserve studies
Michigan mandates that condominium associations maintain a reserve fund (MCL §559.205), but the funding floor is thin and a professional reserve study is not required. The implementing rule (Mich. Admin. Code R 559.511) sets the floor at just 10% of the current annual budget on a noncumulative basis — 10% of this year's budget, not 10% accumulated over the building's life — and even requires the bylaws to warn co-owners that this minimum may prove inadequate. Because no study is mandated, a study's absence on an aging building is itself a red flag. In a climate of freeze-thaw cycling, lake-effect snow, and ice dams that can sharply shorten roof, paving, and envelope lifespans, reading reserve adequacy against the building's real components is the heart of Michigan diligence.
Read →
Michigan special assessments
Special assessments are how deferred costs in a Michigan association arrive at your door, and Michigan draws a distinction worth understanding: between additional assessments and special assessments. An additional assessment — a top-up for a budget shortfall — is typically within the board's sole discretion and requires no owner vote. A special assessment typically requires co-owner approval under the bylaws, commonly a majority of co-owners, though thresholds vary by project. The mechanics come from the master deed and bylaws, not the statute, so the specific documents control. Because thin reserves and a harsh climate make capital surprises common in Michigan, reading the budget, reserve picture, and minutes together is how you anticipate them.
Read →