Summary: Subdivision and condominium restrictions recorded on or after January 1, 1950 will not expire under the Act.
By Amy M. Smith, Partner, MAGWV
On September 29, 2025, the deadline arrived for addressing the possible expiration of subdivision restrictions more than 40 years old under the Marketable Record Title Act (MRTA). On that very day, the Governor signed into law a bill amending the MRTA, ensuring that subdivision and condominium restrictions recorded on or after January 1, 1950 will not expire under the Act.
Before this amendment, the MRTA created uncertainty for older subdivisions. Restrictions recorded decades earlier risked being extinguished unless timely action was taken, even though those restrictions remained central to the governance and character of the communities. Condominium master deeds were already effectively exempt, but subdivision declarations remained vulnerable.
The new law closes this gap by expressly exempting both subdivisions and condominiums.
The statute now provides that MRTA does not apply to:
(g) Any interest created by a declaration or other recorded instrument or agreement executed and recorded on or after January 1, 1950, that subjects land to restrictions, obligations, or benefits applying to each lot or parcel.
(h) Any interest created by a recorded master deed for a condominium or any recorded amendments to it.
This amendment provides long-term certainty for associations and property owners alike. Subdivision restrictions that have governed communities for decades, and that would otherwise risk expiration, are now confirmed to remain valid so long as they were recorded on or after January 1, 1950.
You can view the full Public Act here.
Reprinted with permission from MAGWV – Condominium & HOA Lawyers, Michigan