OUTCOME: Summary Disposition Quieting Title was affirmed, the case was remanded for an award of attorney's fees and costs
PEK Investments, LLC purchased real property without performing a survey. I obtained Summary Disposition in favor of the Brandenburgs and quieted title to property on a theory of adverse possession. A...dditionally, I obtained Summary Disposition and had PEK's claims seeking $354,000 in monetary damages dismissed. PEK appealed to the Michigan Court of Appeals. The decision of the trial court was affirmed and the Court of Appeals remanded the matter for an award of attorney's fees and costs against PEK.
Real estate
Greenway, et. al. v. Tom Atwell Homes & Realty, Inc., et. al. - Genesee County Circuit Court Case No. -2012-099299-CH
Jun 02, 2014
OUTCOME: $131,000 settlement and equitable relief
Represented co-owners in a site condominium in a dervivative action involving equitable claims of turnover of control of the condominium board to the co-owners and the successor developer failing to pa...y assessments. Obtained Summary Disposition which resulted in a settlement of $131,000 as well as turnover of control of the Association's Board to the co-owners.
Real estate
Clark v Pointes North Inn Condominium Association, et. al.
May 21, 2012
OUTCOME: $200,000 Settlement for Client along with obtaining equitable relief
Plaintiff William Clark sought damages from Pointes North Inn Condominium Association, Pointes North LLC and North Pointes Management Co. Inc. on claims of enforcement of illegal condominium documents ...and expansion and lost rental profits. Defendants filed a counterclaim, demanding plaintiff give up his rental profits under the disgorgement law.
The Pointes North Inn Condominium Project was developed as a 32-unit condominium hotel by Rysberg Development Limited Partnership I. The master deed and bylaws for Pointes North Inn were recorded June 11, 1987.
In the early 1990s, Rysberg built an additional 25 units on an adjoining parcel of land, and operated these units as part of Pointes North Inn, despite the fact that the master deed did not allow for expansion and an amendment to the master deed was never recorded.
Clark purchased three units at Pointes North Inn in 2004 and 2005. In 2005, Rysberg sold 14 units at Pointes North, and 25 units on the adjoining property, to defendant Pointes North LLC, which became the successor developer of Pointes North Inn.
On Jan. 4, 2006, Pointes North LLC recorded a purported first amendment to the master deed seeking to add the 25 units on the adjoining property to Pointes North after obtaining unanimous consent from the co-owners to expand the condominium. A purported second amendment was later recorded, which was only approved as a result of obtaining the votes from the 25 units owned by Pointes North LLC on the adjoining property.
The second amendment required the co-owners to utilize an unlicensed management company, North Pointes Management Co. Inc., if a co-owner desired to rent his units. North Pointes Management charged each co-owner a 50 percent commission on all rental revenue obtained from the rental of units at Pointes North.
In 2011, Clark terminated his relationship with North Pointes Management and rented his three units on his own. Pointes North LLC, North Pointes Management and Pointes North Condominium Association demanded that William Clark cease and desist renting his units.
Clark refused on the basis that the purported amendments to the master deed were illegal.
Clark filed a complaint seeking, inter alia, declaratory relief that the purported first and second amendments were illegal; attorney’s fees and costs for filing a derivative action on behalf of the Association; lost rental profits; and an easement on behalf of the Association to utilize the pool and other amenities that were located on the condominium property and on the adjoining property.
Defendants argued that the first amendment was valid as it was unanimously approved by the co-owners.
The court granted summary disposition in favor of Clark and ruled that the first and second amendments were illegal, unenforceable and void ab initio as they were recorded in violation of the Michigan Condominium Act. Defendants’ counterclaim was dismisses. Also entered was an order awarding Clark attorney fees and costs under the Michigan Nonprofit Act for prevailing on derivative claims.
The matter settled for $200,000.
Construction and development
Nottingham Village Condominium Association v MJC Companies, et. al.
N/A
OUTCOME: The Association obtained a $276,000 settlement and road repairs, for which Plaintiff was seeking $500,000 in damages, in a construction defect matter against a developer.
In 2004, Livonia St. Martins Holdings, LLC was formed to develop a condominium project known at St. Martins Commons in Livonia, MI. Livonia St. Martins Holdings, LLC hired Schafer Development, LLC to ...prepare the site prior to the construction of any buildings. Schafer Development, LLC was responsible for constructing the roads at St. Martins Commons and contracted with Asphalt Specialists, Inc. to construct the roads.
In 2005, Livonia St. Martins Holdings, LLC sold the property on which St. Martins Commons was being developed to Grand/Sakwa Livonia, LLC. Several months later, Grand/Sakwa Livonia, LLC and MAC Enterprises II, LLC formed MJC Nottingham Village, LLC to complete development of the condominium project. The condominium property was then transferred to MJC Nottingham Village, LLC and the name of the condominium was changed to Nottingham Village. The condominium was marketed as a MJC Companies project. MJC Nottingham Village, LLC contracted various aspects of the construction of the project out to Beck Fire Protection, Inc., Builders Services Group, Inc. d/b/a Pro-Side, AB Cement Company, Sue’s Landscaping, Michigan Concrete, Inc., Jermor Plumbing & Hearing, Inc., Edward’s Landscaping, Inc., Cappy Hearing & Air Conditioning, Inc. Motor City Stone, Inc., Great Lakes Roofing, Inc. and Gauthier Corporation. MJC Nottingham Village, LLC also contracted with Asphalt Specialists, Inc. to perform repair work to the roads.
After MJC Nottingham Village, LLC turned control of the Association over to the co-owners; the Nottingham Village Condominium Association discovered various construction defects that occurred in the course of construction. The Nottingham Village Condominium Association filed a complaint seeking monetary damages and attorney’s fees to remedy the various construction defects, which included premature road failure, heaving entry slabs and sidewalks, improper installation of the fire suppression system, defective air conditioning units, improperly installed wood porch posts, improperly installed water shutoff valve, missing truss bracing, and improperly installed roofing. MJC Companies denied that it existed as a legal entity and the remaining defendants denied that any construction defects existed.
