In Homestead Shores Association v Entwistle, a condominium association filed suit claiming the defendants violated condominium document provisions regarding exterior maintenance. The co-owner failed to defend and the association obtained a default judgment. The trial court awarded the association its court costs, but declined to award attorney fees. The association appealed.
The Michigan Court of Appeals, in an unpublished opinion, held that the trial court abused its discretion. Both the MI Condominium Act and the condominium documents provided that if the association was successful, it shall be entitled to recover its reasonable attorney fees. Because the provisions were mandatory, the trial court abused its discretion in declining to award them. The case was remanded for a determination of a reasonable attorney fee.