In Copperfield Villas Association v Tuer, an unpublished Michigan Court of Appeals opinion, the appeals court held the trial court erred in failing to award the condominium association costs and reasonable attorney fees incurred in appeals of the case.
The appeals court parsed out the language of both the MI Condominium Act and the provisions of the condominium bylaws, including the meaning of “proceeding” and “successful.” Based upon the plain language of both, the association was successful in the proceedings, which included the appeals. The case was remanded to the trial court to determine reasonable attorney fees incurred in the appeals.