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How to understand if our condo association has common areas?


Question:

The board of the condo I live in says we have limited common areas, but there is not a record of this at the county clerks office. Not even in the master deed. When I asked the property manager about this she said it has to be done when the condo is sold on the deed. I don't understand that? If there are no amendments than can there be limited common area?

Here is the Michigan Condo Act.

559.139 Assignment and reassignment of limited common elements; application; amendment to master deed. Sec. 39. (1) Assignments and reassignments of limited common elements shall be reflected by the original master deed or an amendment to the master deed. A limited common element shall not be assigned or reassigned except in accordance with this act and the condominium documents. (2) Unless expressly prohibited by the condominium documents, a limited common element may be reassigned upon written application of the co-owners concerned to the principal officer of the association of co-owners or to other persons as the condominium documents may specify. The officer or persons to whom the application is duly made shall promptly prepare and execute an amendment to the master deed reassigning all rights and obligations with respect to the limited common element involved. The amendment shall be delivered to the co-owners of the condominium units concerned upon payment by them of all reasonable costs for the preparation and recording of the amendment to the master deed. (3) A common element not previously assigned as a limited common element shall be so assigned only in pursuance of the provisions of the condominium documents and of this act. The amendment to the master deed making the assignment shall be prepared and executed by the principal officer of the association of co-owners or by other persons as the condominium documents specify.


Answers (16)

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