SB-1256, As Passed Senate, July 1, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1256

     A bill to amend 1978 PA 59, entitled

"Condominium act,"

by amending sections 46 and 53 (MCL 559.146 and 559.153), section

53 as amended by 1982 PA 538.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 46. (1) The developer or a co-owner may impose reasonable

restrictions or covenants running with the land upon a condominium

unit in the condominium project, in addition to the reasonable

restrictions and covenants as may be contained in the condominium

documents, so long as such restrictions and covenants are not

otherwise prohibited by law and as long as they are consistent with

the condominium documents. The restrictions and covenants may

include provisions governing the joint or common ownership of

Senate Bill No. 1256 as amended July 1, 2010

condominium units in the condominium project and the basis upon

which the usage of the condominium unit or condominium units may be

shared from time to time by the joint or common owners thereof.

     (2) An association of co-owners may modify by a majority of

those voting restrictions or restrictive covenants imposed under

this section if the restrictions or restrictive covenants were

imposed by a developer who is no longer in business or no longer

has a financial interest in the association <<and if the association

is composed of at least 4,000 co-owners>>.

     Sec. 53. The administration of a condominium project shall be

governed by bylaws recorded as part of the master deed, or as

provided in the master deed. An amendment to the bylaws of any

condominium project shall not eliminate the mandatory provisions

required by section 54. An amendment shall be inoperative until

recorded. A restriction or restrictive covenant that is part of the

bylaws may be modified as provided under section 46.