Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Office of Policy and Legislative Affairs
Condominiums
Part 9 - DISCLOSURE STATEMENT
Section R. 559.903 - Information to be included in the disclosure statement

Universal Citation: MI Admin Code R. 559.903

Current through Vol. 24-16, September 15, 2024

Rule 903.

(1) The disclosure statement shall fully and accurately disclose those facts or characteristics about a condominium project and a developer which are deemed material. "Material," as used in the preceding sentence, refers to those factors which might reasonably affect a prospective purchaser's decision to accept or reject the offer to purchase the condominium unit. Where material information is not known by the developer, such facts shall be stated with a brief explanation.

(2) The information presented in the disclosure statement shall not obscure the facts, encourage a misinterpretation of the facts, or otherwise mislead the reader. No information is to be incorporated by reference to an extrinsic source which is not readily available to an ordinary prospective purchaser.

(3) The language of the disclosure statement shall be readily understandable by a lay person. Legal phraseology, technical terms, and terms of art are to be avoided where possible.

(4) Brevity is desirable to the extent consistent with the purpose of the disclosure statement and the rules governing its preparation. Thus, the contents of the disclosure statement shall be limited to factual information.

(5) The disclosure statement shall contain a cover page and a table of contents which identifies the sections and subsections of the disclosure statement.

(6) Material information about the developer and the condominium project within the following categories shall be included in the disclosure statement, when applicable:

(a) Condominium project warranties.

(b) The size and scope of the condominium project.

(c) The condominium project budget and assessments.

(d) The condominium project recreational facilities.

(e) Condominium project restrictions.

(f) The developer's background and experience.

(g) Legal proceedings involving the condominium project or the developer.

(h) Condominium association management contracts.

(i) Other material information as will inform purchasers about the unique characteristics of the particular condominium project.

(7) Pursuant to section 101 of the act, the disclosure statement shall contain an explanation of the possible liability of co-owners under section 58 of the act. A statement similar to the following shall be included within the disclosure statement: "Co-owner liability. Section 58 of the Michigan condominium act provides: If the holder of a first mortgage or other purchaser of a condominium unit obtains title to that unit by foreclosing that mortgage, the holder of the first mortgage or other purchaser is not liable for unpaid assessments which are chargeable against that unit and which had become due prior to foreclosure. These unpaid assessments are common expenses which are collectable from all unit owners, including the holder of the first mortgage who has obtained title to the unit through foreclosure."

(8) If a project is a conversion condominium project, the developer shall disclose the following additional information:

(a) The year when construction was completed on the building or buildings in the project.

(b) A statement, if known, of the condition of the main components of the building, including the plumbing, heating, electrical, roofing, and structural components. If the condition of the plumbing, heating, electrical, roofing and structural components is unknown, the developer shall fully disclose that fact.

Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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