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Michigan Court of Appeals Reaffirms that Right to Construct “Need Not Be Built” Units Can Be Lost Under MCL 559.167

/ Owner - April 13, 2023

Since 2016, one particular section within the Michigan Condominium Act has been the source of repeated litigation in Michigan trial and appellate courts – Section 67, or MCL 559.167. When initially enacted, MCL 559.167 was designed to curtail the problem of Michigan condominium projects that began construction but, for one reason or another, never ended up being completed. MCL 559.167 set a deadline by which the construction of a condominium project had to be completed and, from 2002 through 2016, MCL 559.167 provided that upon the expiration of that deadline, any “need not be built” units that still had not been constructed automatically became general common element land collectively owned by a condominium’s co-owners.   Read the article………………………..

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