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The Michigan Court of Appeals recently held that a condominium association cannot recover delinquent assessments and fees from the county after the county acquires a unit via tax foreclosure.

So, where a co-owner is delinquent in assessments and taxes – where the proceeds from the condominium association’s foreclosure sale will be enough to pay assessments, fees, etc., and taxes (usually meaning no mortgage or other superior lien), the association may want to consider paying the taxes and adding the amount to its lien before the unit can be lost to the county. There is authority to do this in the Michigan Condominium Act.

The case is Harbor Watch Condominium Association v. Emmet County Treasurer (Mich App No. 316858, December 4, 2014).