By Kevin M. Hirzel
MCL 559.167 has become one of the most controversial sections of the Michigan Condominium Act since it was amended via 2000 PA 379 as a means to create a definitive end date for the completion of condominium projects. After MCL 559.167(3), as amended by 2000 PA 379, was added to Section 67 of the Michigan Condominium Act in 2001, MCL 559.167 was later amended in 2002 in an attempt to further clarify the process in which the configuration of condominium projects is finalized. MCL 559.167(3), as amended by 2002 PA 283, eliminated “need not be built” units in a condominium by operation of law after specified statutory time periods. Pursuant to MCL 559.167(3), as amended by 2002 PA 283, if a developer did not construct “need not be built” units or withdraw “need not be built” units within ten years of the date of commencement of construction of the condominium, or six years after the date the developer exercised its rights with respect to either expansion, contraction, or rights of convertibility, then the undeveloped land underneath the “need not be built” units would remain in the condominium as common elements.
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