HOUSE BILL No. 4555 April 8, 1997, Introduced by Reps. Cropsey and Harder and referred to the Committee on Agriculture. A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 10 and 71a (MCL 559.110 and 559.171a), sec- tion 10 as amended by 1982 PA 538 and section 71a as added by 1983 PA 113. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 10. (1) "Record" means to record pursuant to the laws 2 of this state relating to the recording of deeds. However, the 3 provisions ofAct No. 288 of the Public Acts of 1967, as4amended, being sections 560.101 to 560.293 of the Michigan5Compiled Laws, shallTHE SUBDIVISION CONTROL ACT OF 1967, 1967 6 PA 288, MCL 560.101 TO 560.293, DO not control divisions made for 7 any condominium project. 00246'97 MGM 2 1 (2) "SITE CONDOMINIUM PROJECT" MEANS A CONDOMINIUM PROJECT 2 IN WHICH THE CONDOMINIUM UNITS ARE COMPRISED OF VACANT LAND OR 3 VACANT AIRSPACE. 4 (3)(2)"Size" means the number of cubic feet, or the 5 number of square feet of ground or floor space, within each con- 6 dominium unit as computed by reference to the condominium subdi- 7 vision plan and rounded off to a whole number. Certain spaces 8 within the condominium units including, without limitation, 9 attic, basement, and garage space may be omitted from the calcu- 10 lation or partially discounted by the use of a ratio, if the same 11 basis of calculation is employed for all condominium units in the 12 condominium project, that basis is used for each condominium unit 13 in the condominium project, and that basis is disclosed in appro- 14 priate condominium documents furnished to each co-owner. 15 (4)(3)"Time-share unit" means a condominium unit in 16 which a time-share estate or a time-share license exists. 17 (5)(4)"Time-share estate" means a right to occupy a con- 18 dominium unit or any of several units during 5 or more separated 19 time periods over a period of at least 5 years, including renewal 20 options, coupled with a freehold estate or an estate for years. 21 (6)(5)"Time-share license" means a right to occupy a 22 condominium unit or any of several units during 5 or more sepa- 23 rated time periods over a period of at least 5 years, including 24 renewal options, not coupled with a freehold estate or an estate 25 for years. 26 (7)(6)"Transitional control date" means the date on 27 which a board of directors for an association of co-owners takes 00246'97 3 1 office pursuant to an election in which the votes which may be 2 cast by eligible co-owners unaffiliated with the developer exceed 3 the votes which may be cast by the developer. 4 Sec. 71a. (1)TheSUBJECT TO SUBSECTION (4), THE rules of 5 the department ofpublicCOMMUNITY health relating to suitabil- 6 ity of soils and groundwater supply for subdivisions not served 7 by public water and public sewersshallapply to a condominium 8 project not served by public water and public sewers. 9 (2) If public water and public sewers are not available and 10 accessible to the land proposed to be included in a project, a 11 developer shall submit 3 copies of the condominium subdivision 12 plan to the department ofpublicCOMMUNITY health. The depart- 13 ment ofpublicCOMMUNITY health shall transmit these copies to 14 a local health department that elects to maintain jurisdiction 15 over the approval or rejection of the plan pursuant to subsection 16 (3). 17 (3) Not later than 30 days after receipt of the condominium 18 subdivision plan, the state department ofpublicCOMMUNITY 19 health or, if the local health department elects to maintain 20 jurisdiction over approval or rejection of the plan, the local 21 health department shall approve the plan and note its approval on 22 the copy to be returned to the developer or reject all or such 23 portion of the plan that is not suitable. If rejected, the 24 department rejecting the plan shall notify the developer and the 25 governing body in writing of the reasons for rejection of the 26 plan and the requirements for approval. 00246'97 4 1 (4) THIS SECTION DOES NOT APPLY TO SITE CONDOMINIUM 2 PROJECTS. THE LOCAL HEALTH DEPARTMENT MAINTAINS JURISDICTION 3 OVER ALL SITE CONDOMINIUM PROJECTS AND SHALL APPROVE OR REJECT 4 EACH UNIT OF THE SITE CONDOMINIUM PROJECT USING THE SAME GUIDE- 5 LINES AS IT USES FOR INDIVIDUAL SITES. 00246'97 Final page. MGM