In Sawgrass Ridge Condominium Association v Alarie, an unpublished Michigan Court of Appeals opinion, the association filed suit claiming that the co-owner modified his deck without obtaining prior board approval as required by the condominium bylaws. The association filed a motion for summary disposition. The co-owner defended on the grounds that the association did not obtain co-owner approval prior to filing suit as required by the condominium bylaws. The trial court granted the association summary disposition and the co-owner appealed.
The Court of Appeals reversed and remanded. The condominium bylaws required the prior approval of the co-owners before filing suit. The fact that the board approved the action was not sufficient. Also, although a majority of co-owners signed a consent resolution ratifying the lawsuit after it was filed, the documents required that any vote be taken at a meeting; apparently the bylaws did not have an “action without a meeting” provision.
Pre-litigation approval clauses in condominium documents have been upheld previously.