Bylaw Provision Confers Membership in Summer Resort Association

In McGue v Glenbrook Beach Association, an unpublished Michigan Court of Appeals opinion, a lot owner sued a summer resort association on multiple theories claiming damage to their car because of the failure of the association to maintain private roads.  The defendant claimed that the lot owners did not have standing, and defended on the basis that nothing in the association documents required the association to maintain the roads to township ordinances.  The trial court found that the lot owner had standing, but ruled that they had no claim.  The lot owner appealed.

The Court of Appeals agreed that the lot owner had standing, because the bylaws provided that any person holding title to a lot in the subdivision was a member of the association, and because their deed to the property specifically stated that it was subject to the bylaws of the association.

However, the court agreed that nothing in the resort association documents required the association to maintain the roads to township standards, nor did the lot owner allege a particularized injury, separate and apart from that suffered by any member of the public who drove on the association roads, that would give them standing to enforce the road ordinance.

© Steve Sowell 2018