Legal Question in Real Estate Law in Michigan

Re: Condominium Act (Act 59 of 1978) Section 559.239

This type of provision often is found in a condominium association agreement or a subdivision association agreement. It usually means that a person is obligated to continue paying dues or assessments, despite that the person to whom/which payments are made has not provided some of the services required under the agreement. In other words, if the association brings suit against a co-owner for non-payment of dues, the fact that the association has not provided some of the services required under the association agreement will not be a defense against the lawsuit. The co-owner has agreed to pay regardless of whether the services have been provided.

The legal relief available to the co-owner usually is to bring suit against the association to enforce the performance terms of the agreement. The type of provision stated in the question usually does not prevent the co-owner from bringing suit, but it prevents the co-owner from avoiding payment.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.