R 559.404 Campsite condominium subdivision plan; contents.
(1) A campsite condominium subdivision plan shall be composed of a cover sheet, survey plan, floodplain plan, where applicable, utility plan, and site plan, complying with R 559.402(1)(a), (b), (c), (d), and (e).
(2) In addition to the aforementioned requirements, show sufficient dimensions and angle measurements to accurately identify the area of fee simple ownership contained within a given description on top of the ground.
(3) The survey plan shall be shown complying with all requirements of R 559.402(1)(b), and each individual condominium campsite shall have its boundaries identified on site by setting iron or steel stakes 1/2 inch in diameter and 18 inches in length, at all corners of the campsite. These stakes shall be so identified on the survey plan.
R 559.405 Marina condominium subdivision plan; contents.
(1) A marina condominium subdivision plan shall be composed of all of the following in compliance with R 559.402(1)(a) to (e):
(a) A cover sheet.
(b) Survey plan.
(c) Floodplain plan, where applicable.
(d) Utility plan.
(e) Site plan.
(2) In addition to the requirements of subrule (1)(a) to (e) of this rule, show all of the following:
(a) Sufficient dimensions and angle measurements to accurately identify the area of fee simple ownership contained within a given description on top of the water and adjacent to a slip, dock, or similar structure.
(b) The elevation of the adjacent dock or docks referenced to or on a bench mark on the national geodetic datum of 1929 or international Great Lakes datum.
(c) The all-time high- and low-water elevations for the Great Lakes and high- and low-water elevations, of record, for inland lakes.
R 559.406 Recreational facilities.
A recreational facility which is part of the condominium or is being added to the condominium shall be illustrated on the site plan, floodplain plan, and utility plan in the actual location of the facility or, in the case of a proposed facility, the proposed location shall be shown and so identified. Actual floor plans of the facility, if it involves a structure, are not required until it is added to the project and are only required if the facility has limited common elements or unit fee simple ownership which would require a floor plan to illustrate the differences and locations.
R 559.407 Survey requirements.
With respect to the minimum requirements for the survey of a proposed condominium project, monuments shall be located in the ground according to the following requirements:
(a) Monuments consisting of iron or steel bars, or pipes not less than 1/2 inch in diameter and 36 inches in length, and completely encased in concrete not less than 4 inches in diameter shall be placed at all major boundary corners.
(b) Monuments consisting of iron or steel bars, or pipes not less than 1/2 inch in diameter and 18 inches in length, or other approved markers shall be placed at all minor boundary corners.
(c) Monuments shall be located in the ground at all angles in the boundaries of the condominium project boundary; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature, and angle points in the side lines of streets and alleys; and at all angles of an intermediate traverse line.
(d) If a location of a monument is clearly impractical, it is sufficient to place a reference monument as specified in subdivisions (a) and (e) of this rule. It shall be placed nearby and the precise location thereof shall be clearly indicated on the survey plan of the condominium subdivision plan and referenced to the true point.
(e) If a point required to be monumented is on a bedrock outcropping or other hard surface, a steel rod, not less than 1/2 inch in diameter, shall be drilled and grouted into solid material to a minimum depth of 8 inches and clearly labeled on the survey plan.
(f) All required monuments shall be placed flush with the ground, where practicable, in accordance with the final grade.
(g) All required monuments shall be placed before the date of the surveyor’s certificate as required by R 559.402(b)(i) unless undesirable conditions prohibit such placement. When the monuments are not placed before the date of the surveyor’s certificate, they shall be placed within 1 year from the date of recording. The surveyor’s certificate shall also be revised accordingly to reflect the nonplacement of monuments and a date by which they will be placed.
(h) The relative error of closure of the surveyed land shall be not more than the ratio of 1 part in 5,000.
(i) The bearings shall be expressed in relation to the true meridian or a previously established meridian or bearing, and a statement by the surveyor on the survey plan shall state the source of information used in obtaining the bearings outlined.
(j) Easements shall be established where necessary on access roads which provide access to the proposed condominium. When joint use of an access road to the project is intended, an agreement for maintenance shall also be established.
R 559.408 Identification of a unit, common element, and amenity.
A unit, limited common element, and amenity shall be identified as follows:
(a) Each unit within a proposed condominium project shall be numbered consecutively, beginning with number 1, throughout the entire project.
(b) Units within a multi-phase development shall be numbered consecutively throughout all phases or amendments.
(c) The same unit number shall not be repeated for different units in the same project.
(d) A unit number shall be shown within the area of ownership for that unit on the condominium subdivision plan.
(e) A structure or improvement, other than those containing units to be conveyed, shall be identified by its title.
R 559.409 Superseding consolidated subdivision plan.
Upon completing and recording the last phase of a multiphase project, whether the original plan submissions were done by amendment or separate phases, a superseding consolidated subdivision plan shall be prepared and recorded. The superseding consolidated subdivision plan shall combine all previously recorded condominium subdivision plans in the following manner:
(a) For projects recorded by amendments, all of the following provisions apply:
(i) Eliminate all reference to replats, but retain the condominium subdivision plan number as originally assigned.
(ii) Include the exhibit number or letter as used in the consolidated master deed.
(iii) Eliminate all reference to amended sheets in the sheet index.
(iv) Redate each sheet.
(v) In all other aspects, these drawings shall be the same as the last recorded submission for that particular project.
(b) For projects recorded in separate phases, all of the following provisions apply:
(i) Eliminate all reference to phase, section, segment, and number.
(ii) Include the exhibit number or letter as used in the consolidated master deed.
(iii) Redate each sheet.
(iv) Use the prescribed wording indicated as follows for reference of the previously assigned condominium subdivision plan numbers: A replat of ________ county condominium subdivision plans. Nos. _____, _____, _____, _____, _____, _____. (As previously assigned by the county register of deeds).
(v) Use the prescribed wording as indicated in section 66(3) of the act for assignment of a new condominium subdivision plan number for the consolidation.
(vi) Remove all boundaries on the site, survey, utility, and floodplain plans which are now contiguous due to the consolidation of properties.
(vii) Revise the property description to be 1 description of the consolidated property.
R 559.410 Amendments and replats.
(1) Each condominium subdivision may be amended to reflect changes in the boundaries of a condominium unit, or the addition or elimination of condominium units which are constituted as a replat, as specified in section 67 of the act. An amendment may also reflect changes in the boundaries of the land, correction of errors, as-built plans, and changes in common elements. All changes in the originally recorded condominium plans shall be made in accordance with the following requirements:
(a) Each revised sheet shall be redated.
(b) Only the revised sheets and cover sheet shall be recorded.
(c) The sheets being replaced and any new sheets shall be indicated in the sheet index.
(2) An amendment or a replat to an originally recorded condominium subdivision plan may be prepared by the original land surveyor, architect, or civil engineer or any other such professional licensed to practice in Michigan. If a different professional, other than the original person, prepares the amendment or replat and does not intend to take full responsibility for the entire sheet, that sheet shall not be excluded or amended out of the complete set of plans. The items that the amending or replatting professional is responsible for shall be clearly indicated on that amendment.
R 559.411 As-built condominium subdivision plans.
(1) Not later than 1 year after completion of construction of all buildings and improvements represented on the proposed condominium subdivision plans, the developer shall cause an architect, engineer, or surveyor to prepare as-built drawings depicting the project as constructed. These drawings shall be recorded immediately following their completion. These plans shall contain as-built data of all the following:
(a) The coordinate values of the various buildings or units.
(b) All dimensions of the various buildings and units.
(c) The location of all permanent improvements.
(d) The relationship of the buildings to a true meridian.
(e) All general and limited common elements.
(f) Area of each unit.
(g) Floor elevations.
(2) Each sheet of the as-built condominium subdivision plan shall be labeled “as-built dated __________,” and the notations representing the project as proposed shall be removed.
(3) A condominium subdivision plan which is comprised entirely of existing buildings and for which as-built data were used in the preparation of the plans need not have as-built drawings submitted.
R 559.412 Rescinded.
R 559.413 Easements and dedicated thoroughfares.
A thoroughfare which is proposed to be dedicated to the municipality, county, or state shall be designated on the condominium subdivision plans as “proposed dedication.” An easement providing adequate ingress and egress over the proposed dedication shall be provided and shown on the condominium subdivision plan in all cases, unless the road was dedicated before recordation of the master deed or subject amendment. An easement required for establishment and operation of a condominium project, whether for benefit or burden, shall be recorded before recordation of the master deed or subject amendment. Description of the easement may be made by reference to the liber and page number where it is recorded. However, the easement shall be drawn on the survey plan and shall conform to the description as recorded.
R 559.414 Rescinded.
R 559.415 Recordation of the condominium subdivision plan.
A condominium subdivision plan shall be recorded in the county in which the project is located. If a project crosses county lines, it shall be recorded in both counties. The condominium subdivision plan number shall be assigned by the county in consecutive sequence, beginning with number 1, according to section 66(3) of the act. The county shall show the number which it has assigned in the spaces provided in the master deed and condominium subdivision plan, and shall keep an accurate record of those numbers. The condominium subdivision plan shall be photographically reduced, by the developer, to approximately 8 1/2 inches by 14 inches, and submitted for recording. The same condominium subdivision plan in a size measuring 24 inches by 36 inches shall be delivered to, and retained by, the county register of deeds office. Either plan which is retained by the county register of deeds office shall be available for inspection upon request.
PART 5. BYLAWS IN A MASTER DEED
R 559.501 Condominium bylaws generally.
(1) The condominium bylaws shall be attached to, and incorporated by reference in, the master deed.
(2) The condominium bylaws shall contain the mandatory provisions of section 54 of the act and as set forth in this part.
(3) An amendment to, or a change in, the condominium bylaws shall be effective upon recordation and the master deed or bylaws shall so state.
(4) If the association of co-owners administering the affairs of the condominium project is a corporation, the corporation’s bylaws are hereinafter designated corporate bylaws or association bylaws and shall not be confused with condominium bylaws, hereinafter referred to as “bylaws.”
(5) The bylaws shall state all of the following:
(a) The name and location of the condominium project.
(b) The purpose of the bylaws.
(c) Whether the project is a residential condominium, an industrial condominium, a commercial condominium, a professional condominium, a campsite condominium, a marina condominium, a mobile home condominium, or other type of condominium.
(d) Any restrictions affecting the use of individual units or common elements.
R 559.502 Administration and membership provisions.
(1) The bylaws shall designate the association of co-owners as responsible for the management and administration of the common elements, property, easements, and the affairs of the condominium project. The association of co-owners may form or organize an entity for managing the property or otherwise provide for independent management of the project. The bylaws shall indicate the form of the association of co-owners; that is, whether it was created and will operate as a profit or nonprofit corporation, a partnership, or an unincorporated association.
(2) The bylaws may provide reasonable provisions to facilitate the development and sale of the project by the developer until completion of the project.
(3) The bylaws shall comply with section 52 of the act.
(4) The bylaws shall provide that membership in the association of co-owners shall be limited to persons who own 1 or more units in the condominium project and each co-owner shall be a member of the association of co-owners.
R 559.503 Rescinded.
R 559.504 Books; inspection; cost of annual audit.
The bylaws shall provide that the books shall be maintained in accordance with section 57 of the act. The cost of the annual audit shall be an expense of administration. The right of inspection of the books by co-owners may be limited to a reasonable time and place specified in the bylaws.
R 559.505 Copies of condominium documents; availability.
The bylaws shall provide that the association of co-owners shall keep current copies of the recorded master deed and amendments and all other condominium documents available for inspection in accordance with section 68 of the act.
R 559.506 Destruction or condemnation of property.
The bylaws shall set forth the rights of the co-owners and the procedures to be followed in case of partial or complete destruction, or partial or complete taking by condemnation.
R 559.507 Mortgages.
The bylaws shall provide that a co-owner who mortgages his or her unit shall notify the association of co-owners of the name and address of the mortgagee, and that the association of co-owners shall maintain such information in a book entitled, “Mortgages of Units.” The association of co-owners may notify the mortgagee of unpaid assessments due from the co-owner of such unit. The association of co-owners shall furnish an individual mortgagee with complete information on all insurance carried by the association of co-owners.
R 559.508 Insurance.
The bylaws shall provide that the association of co-owners shall carry insurance for fire and extended coverage, vandalism and malicious mischief, and, if applicable, liability and workers’ disability compensation, pertinent to the ownership, use, and maintenance of the premises and that all premiums for insurance carried by the association shall be an expense of administration. The association may carry other insurance coverage, including cross-coverage for damages done by 1 co-owner to another.
R 559.509 Structural repair or modification of unit; access to unit by designated person.
(1) The bylaws shall provide that a co-owner who desires to make a structural repair or modification of his or her unit shall first obtain written consent of the association of co-owners. The association shall not consent if such repair or modification may jeopardize or impair the structural soundness or safety, or both, of the project.
(2) The bylaws shall provide that any person designated by the association of co-owners shall have access to each unit as necessary during reasonable hours, upon notice to the occupant thereof, for maintenance, repair, or replacement of any of the common elements therein or accessible therefrom, and shall have access to each unit without notice for making emergency repairs necessary to prevent damage to other units or the common elements, or both.
R 559.510 Compliance with act, master deed and bylaws, the articles of association, and rules and regulations adopted by association.
The bylaws shall provide, in accordance with section 65 of the act, that all present and future co-owners, tenants, and any other persons or occupants using the facilities of the project in any manner are subject to, and shall comply with, the act, the master deed and bylaws, and the articles of association, and rules and regulations adopted by the association of co-owners.
R 559.511 Reserve fund for major repairs and replacement of common elements.
(1) The bylaws shall provide that the association of co-owners shall maintain a reserve fund for major repairs and replacement of common elements in accordance with section 105 of the act. The co-owners’ association shall maintain a reserve fund which, at a minimum, shall be equal to 10% of the association’s current annual budget on a noncumulative basis.
(2) The funds contained in the reserve fund required to be established by section 105 of the act shall only be used for major repairs and replacement of common elements.
(3) There shall be set aside the amount of funds required by subrule (1) of this rule by the time of the transitional control date. The developer shall be liable for any deficiency in this amount at the transitional control date.
(4) The following statement shall be contained in the bylaws: “The minimum standard required by this section may prove to be inadequate for a particular project. The association of co-owners should carefully analyze their condominium project to determine if a greater amount should be set aside, or if additional reserve funds should be established for other purposes.”
R 559.512 Resolution of disputes, claims, or grievances.
The bylaws shall provide for procedures, in accordance with sections 106 and 107 of the act, to resolve any dispute, claim, or grievance arising out of, or relating to, the interpretation or the application of the master deed, the bylaws, or the management agreement, if any. The bylaws may provide for arbitration or other methods of resolving disputes, claims, or grievances arising among or between co-owners or between co-owners and the association of co-owners or between the association and a management company. If arbitration is requested by the parties to such a dispute, claim, or grievance, the dispute, claim, or grievance may be submitted to arbitration and the parties shall accept the arbitrator’s decision as final and binding. The bylaws may provide for the application of the commercial arbitration rules, as amended, of the American arbitration association.
R 559.513 Assessments.
The bylaws shall set forth detailed information concerning assessments. The method by which assessments are to be made shall be included and shall provide that the board of directors of the association shall establish an annual budget.
R 559.514 Liens.
(1) The bylaws may outline the procedures to be followed in the event of the attachment of a mechanic’s lien, and shall make reference to the provisions of section 132 of the act.
(2) The bylaws shall outline the procedures to be followed when a co-owner’s unpaid assessments owed to the association become a lien on the co-owner’s unit and shall contain the provisions in sections 108 and 111 of the act.
R 559.515 Leasing.
The bylaws shall contain provisions for leasing condominium units and shall contain provisions pursuant to section 112 of the act.
PART 6. APPROVAL OF A MASTER DEED
R 559.601–R 559.607 Rescinded.
PART 7. PERMIT TO SELL AND SALES
R 559.701–R 559.704 Rescinded.
PART 8. ESCROW
R 559.801–R 559.803 Rescinded.
PART 9. DISCLOSURE STATEMENT
R 559.901 Disclosure statement generally.
(1) Pursuant to section 84a of the act, the developer shall prepare a disclosure statement at the time of recordation of the master deed. A disclosure statement shall not be used unless it meets the requirements set forth in the act and these rules. A disclosure statement shall be amended before further use if there is a material change in the information contained therein.
(2) Pursuant to sections 84 and 84a of the act, the developer shall furnish a copy of a current, effective disclosure statement to a prospective condominium purchaser not less than 9 business days before a binding purchase agreement.
R 559.902 Format.
(1) The disclosure statement shall be prepared in pamphlet form or in any similar form in which the pages are securely fastened together. Any typing, printing, or duplication process may be employed if it produces clear and legible copies.
(2) The items required to be disclosed by R 559.903 shall, unless otherwise indicated, be disclosed under separate headings.
(3) The pages of the disclosure statement shall be consecutively numbered beginning after the cover page and the table of contents with page 1. All the pages shall be the same size.
R 559.903 Information to be included in the disclosure statement.
(1) The disclosure statement shall fully and accurately disclose those facts or characteristics about a condominium project and a developer which are deemed material. “Material,” as used in the preceding sentence, refers to those factors which might reasonably affect a prospective purchaser’s decision to accept or reject the offer to purchase the condominium unit. Where material information is not known by the developer, such facts shall be stated with a brief explanation.
(2) The information presented in the disclosure statement shall not obscure the facts, encourage a misinterpretation of the facts, or otherwise mislead the reader. No information is to be incorporated by reference to an extrinsic source which is not readily available to an ordinary prospective purchaser.
(3) The language of the disclosure statement shall be readily understandable by a lay person. Legal phraseology, technical terms, and terms of art are to be avoided where possible.
(4) Brevity is desirable to the extent consistent with the purpose of the disclosure statement and the rules governing its preparation. Thus, the contents of the disclosure statement shall be limited to factual information.
(5) The disclosure statement shall contain a cover page and a table of contents which identifies the sections and subsections of the disclosure statement.
(6) Material information about the developer and the condominium project within the following categories shall be included in the disclosure statement, when applicable:
(a) Condominium project warranties.
(b) The size and scope of the condominium project.
(c) The condominium project budget and assessments.
(d) The condominium project recreational facilities.
(e) Condominium project restrictions.
(f) The developer’s background and experience.
(g) Legal proceedings involving the condominium project or the developer.
(h) Condominium association management contracts.
(i) Other material information as will inform purchasers about the unique characteristics of the particular condominium project.
(7) Pursuant to section 101 of the act, the disclosure statement shall contain an explanation of the possible liability of co-owners under section 58 of the act. A statement similar to the following shall be included within the disclosure statement: “Co-owner liability. Section 58 of the Michigan condominium act provides: If the holder of a first mortgage or other purchaser of a condominium unit obtains title to that unit by foreclosing that mortgage, the holder of the first mortgage or other purchaser is not liable for unpaid assessments which are chargeable against that unit and which had become due prior to foreclosure. These unpaid assessments are common expenses which are collectable from all unit owners, including the holder of the first mortgage who has obtained title to the unit through foreclosure.”
(8) If a project is a conversion condominium project, the developer shall disclose the following additional information:
(a) The year when construction was completed on the building or buildings in the project.
(b) A statement, if known, of the condition of the main components of the building, including the plumbing, heating, electrical, roofing, and structural components. If the condition of the plumbing, heating, electrical, roofing and structural components is unknown, the developer shall fully disclose that fact.
PART 10. FINANCIAL INFORMATION
R 559.1001–R 559.1006 Rescinded.