In Bell v Chase, an unpublished Michigan Court of Appeals opinion, the defendant owned 10 unit in Lochmoor condominium, a site condominium. The condominium documents provided that anyone seeking to build a dwelling was required to obtain approval from the developer. The condominium association board of directors recorded a “First Amendment to Master Deed” appointing itself the “successor developer” of the project and amending the bylaws to require association approval for new construction. The association filed suit against the defendant alleging it violated the bylaws by not seeking approval. Defendants defended on the ground that the bylaws amend was invalid and unenforceable and the plaintiff lacked standing. Defendants filed a motion for summary disposition, supporting it with the proir bylaws and an affidavit which stated that the members of the condominium had not been given an opportunity to vote on the bylaw amendment. Plaintiffs failed to file a timely response and the court granted the motion, dismissing the case. The association appealed.
The Michigan Court of Appeals affirmed. Both the pre-amendment bylaws and the MI Condominium Act required the approval of 66-2/3% of co-owner to any amendment. Because the defendant presented evidence that the amendment had not been so approved and the association failed to respond with evidence to demonstrate there was a question of fact, the trial court properly granted summary disposition.