September 29, 2015, Introduced by Reps. Kesto, Iden and Vaupel and referred to the Committee on Judiciary.
A bill to amend 1978 PA 59, entitled
"Condominium act,"
by amending sections 60, 107, and 115 (MCL 559.160, 559.207, and
559.215), section 107 as amended by 2000 PA 379 and section 115 as
amended by 1982 PA 538.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 60. (1) Actions on behalf of and against the co-owners
shall be brought in the name of the association of co-owners. The
association of co-owners may assert, defend, or settle claims on
behalf
of all co-owners in connection with the common elements of
the condominium project.
(2) The board of directors of an association of co-owners has
the power to assert, defend, or settle claims on behalf of all co-
owners in connection with the condominium project.
(3) The articles of incorporation for an association of co-
owners and the condominium documents shall not restrict the power
of the board of directors granted under subsection (2). Any
provision in the articles of incorporation or the condominium
documents that requires a vote of the co-owners to authorize the
board of directors of an association of co-owners to incur legal
fees and costs in the exercise of the power granted under
subsection (2) or that otherwise seeks to restrict that power is
void.
Sec.
107. A Subject to section 60,
a co-owner may maintain an
action
against the association of co-owners and its officers and
directors
to compel these persons to
enforce the enforcement of the
terms and provisions of the condominium documents. In such a
proceeding, the association of co-owners or the co-owner, if
successful, shall recover the costs of the proceeding and
reasonable attorney fees, as determined by the court, to the extent
that the condominium documents expressly so provide. A co-owner may
maintain an action against any other co-owner for injunctive relief
or for damages or any combination thereof for noncompliance with
the terms and provisions of the condominium documents or this act.
Sec. 115. (1) A person or, subject to section 60, association
of co-owners adversely affected by a violation of or failure to
comply with this act, rules promulgated under this act, or any
provision of an agreement or a master deed may bring an action for
relief in a court of competent jurisdiction. The court may award
costs to the prevailing party.
(2) A developer who offers or sells a condominium unit in
violation of section 21 or 84a is liable to the person purchasing
the condominium unit for damages.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.