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Chapter 559.169(3) of Michigan Compiled Laws:

The amount of all common expenses not specially assessed under subsections (1) and (2) shall be assessed against the condominium units in proportion to the Percentages of Value or other provisions as may be contained in the master deed for apportionment of expenses of administration.

Article II, Section 3 of our Bylaws:

Apportionment of Assessments: Unless otherwise provided herein, all assessments levied against the Co-owners to cover expenses of administration shall be apportioned among and paid by the Co-owners in accordance with the Percentage of Value allocated to each Unit in the Master Deed, without increase or decrease for the existence of any rights to the use of Limited Common Elements appurtenant to a Unit.

You can find the pleadings I filed in 47th District Court in the list below. Click on the link to view or download the pdf file.


Do you see anything in the Statute or the Bylaws that says Wynset may assess by any method other than Percentage of Value? Judges don't listen to double-talk. They look at the Law, the Statute, the Contract and enforce what is written. There is simply no authority to assess by Flat Fee. The instructions are clear, unambiguous and they are binding.

If the clear language above isn't convincing to you, get a second opinion. If you have a lawyer in the family send him or her a link to this site: http://wynset.mikerosen.org/index.php. I am confident I will win this case.