Association prevails, but recoups only 1/5 of requested attorney fees

In Bishop v Westchester Place Association, the co-owner complained of repairs needed in the attic of his condominium to stop a water leak.  When the association failed to repair the issue as quickly as the co-owner would have liked, he hired the repairs done himself and then sued the association for the cost of repairs.  The association filed a counterclaim because of the co-owners violation of the documents, which granted the association the right to make the repairs.

The court of appeals held that the association was “successful” in the litigation within the meaning of the Michigan Condominium Act and the condominium bylaws when it obtained a ruling that the co-owner had violated the documents.  However, the court of appeals affirmed the trial court’s award of only $10,000 of the requested $55,000 in attorney fees, finding that the balance was unreasonable.

© Steve Sowell 2017