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Patricia owns a condominium unit in a Michigan condominium development. She wants to understand what she actually owns. Which of the following most accurately describes Patricia's ownership interest under the Michigan Condominium Act?

Correct Answer

D) Patricia owns her individual unit in fee simple plus an undivided interest in the common elements of the development.

Under the Michigan Condominium Act (MCL 559.101 et seq.), a condominium unit owner holds fee simple title to their individual unit and also holds an undivided percentage interest in the common elements of the condominium project. This co-ownership of common elements (hallways, parking areas, recreational facilities, structural components) is inseparable from ownership of the individual unit and cannot be separately conveyed.

Answer Options
A
Patricia owns her individual unit as a leasehold interest for a term defined in the master deed.
B
Patricia owns her individual unit and has exclusive ownership of the limited common elements shared by all unit owners.
C
Patricia owns only the airspace within her unit boundaries; the land beneath the building belongs solely to the condominium association.
D
Patricia owns her individual unit in fee simple plus an undivided interest in the common elements of the development.

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Related Topics & Key Terms

Key Terms:

condominiummichigan_condominium_actunit_ownershipcommon_elementsownership_types

Related Concepts

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

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