In Beckman Holdings, Inc. v Sunnyside Resort Condominium Association, an unpublished Michigan Court of Appeals opinion, the owner of two vacant lot units in a condominium sued the association to revise the percentages of value as stated in the Master Deed, claiming that there had been a change in the condominium subdivision plan such that the stated percentages of value were no longer equitable. Eight units contained cottages, one unit contained a home with a heated garage, and one unit had a home with a five-tier deck. The two vacant units had no structures. Additionally, several of the board members had constructed garages on the general common elements.
The trial court found that there had been a change in the condominium subdivision plan and ordered the percentages of value revised. The association appealed.
The association argued that a revised subdivision plan must be recorded before an action under MCL 559.195 could arise. The court held that there was no such requirement in the statute and the court would not read such a requirement into the statute. The trial court properly found that the developer’s original plan for the project had changed since the original master deed was recorded, and it was necessary to adjust the percentages of value as a result.