A co-owner may take action against the association of co-owners to compel the
association to enforce the condominium documents. To the extent that the
condominium documents expressly provide, the court shall determine costs of the
proceeding and the successful party shall recover those costs.
A co-owner may take action against another co-owner for injunctive relief or for
damages for noncompliance with the terms of the condominium documents or the
Act.
For condominium projects established on or after May 9, 2002, the bylaws must
contain a provision that disputes relating to the interpretation of the condominium
documents or arising out of disputes among co-owners may be resolved through
arbitration. Both parties must consent to arbitration and give written notice to the
association. The decision of the arbitrator is final and the parties are prohibited from
petitioning the courts regarding that dispute.
A co-owner, or association of co-owners, may execute a contract to settle by
arbitration for any claim against the developer that might be the subject of a civil
action. A purchaser or co-owner has the exclusive option to execute a contract to
settle by arbitration for any claim against the developer that might be the subject of
a civil action and involves less than $2,500. All costs will be allocated in the manner
provided by the arbitration association. A contract to settle by arbitration must
specify that the arbitration association will conduct the arbitration. The method of
appointment of the arbitrator will be pursuant to rules of the arbitration association.
Arbitration will be in accordance with Public Act No. 236 of 1961, (MCL 600.5001 to
5065), which may be supplemented by rules of the arbitration association. An
arbitration award is binding on the parties to the arbitration.
The Condominium Act provides the right to notify the governmental agency that is
responsible for the administration and enforcement of construction regulations of an
alleged violation of the state construction code, other applicable building code, or
construction regulation.
A person who willfully and knowingly aids in misrepresentation of the facts
concerning a condominium project, as described in the recorded master deed, is
guilty of a misdemeanor and shall be punished by a fine, imprisonment, or both.
Actions under MCC 559.258 shall be brought by the prosecuting attorney of the
county in which the property is located, or by the department of attorney general.
A person cannot take action arising out of the development or construction of the
common elements, or the management, operation, or control of a condominium
project, more than three years from the transitional control date or two years from
the date of the cause of the action, whichever occurs later. The transitional control
date is the date the board of directors takes office by an election where the co-
owners' votes exceed the developer's votes for the board members.