Real Property Law Section e-Newsletter

Developers of condominium projects, and the professionals they retain to draft condominium subdivision plans, should be alerted of changes to MCL 559.166 which took effect February 1, 2016. First, to eliminate any confusion about the licensing status of professionals authorized to draft condominium plans, MCL 559.166(1) states that only licensed architects, licensed professional surveyors, and licensed professional engineers may prepare these plans. The prior subsection arguably permitted unlicensed architects and surveyors to complete condominium subdivision plans.

The legislature also imposed additional obligations affecting the form of these plans. Every cover sheet mandated by MCL 559.166(2)(a) must contain the following statement:

This condominium subdivision plan is not required to contain detailed project design plans prepared by the appropriate licensed design professional. Such project design plans are filed, as part of the construction permit application, with the enforcing agency for the state construction code in the relevant governmental subdivision. The enforcing agency may be a local building department or the state department of licensing and regulatory affairs.

This disclaimer supplements MCL 559.173(4), which requires “[d]etailed architectural plans and specifications” to be filed with the local municipality where the condominium is located.

Additionally, MCL 559.166(2)(b) now specifies that the survey plan must be signed and sealed by the licensed surveyor preparing the boundary survey for the project.

Finally, plans may now omit one detail describing units in the condominium. Under MCL 559.166(2)(i), developers no longer need to include the “volume” of each unit, just the “vertical boundaries for each unit comprised of enclosed air space.”

By: Jeffrey L. Vollmer