Under the Michigan Condominium Act, is it necessary for a developer to vacate a plat and submit a replat?
I was recently asked by a condominium developer in Michigan if he needed to vacate his existing plat and submit a replat under the Michigan Condominium Act. My answer is that the administrative rules promulgated pursuant to the Condominium Act recognized that a proposed condominium development may overlap with a previously platted subdivision.
The Michigan Court of Appeals, in a very important decision, recently pointed out that the Condominium Act of Michigan specifically provides that the Land Division Act “shall not control divisions made for any condominium project.” The court stated that neither the statutes nor the regulations required the plat to be vacated pursuant to the Land Division act before a condominium project could be developed. It appears then that the developer may proceed with the planned condominium project, although he should, of course, obtain the appropriate local zoning approvals as well as a site plan approval.