In Fox Pointe Association v Ryal, an unpublished Michigan Court of Appeals opinion, the condominium association levied fines and filed suit against the co-owner for installing a door handle that was pewter instead of polished brass, as well as for a square door lock and larger address numbers. The association was granted an injunction by summary disposition and awarded over $15,000 in attorney fees.
Ryal did not dispute that the lock and address numbers did not comply, but defended on the basis that they were already there when she purchased the unit. The court of appeals held that whether she made the alterations herself was irrelevant for purposes of the injunctive relief sought by the association. The trial court’s grant of an injunction and attorney fees to the association was upheld and the case was remanded to the trial court for an award of additional attorney fees and costs to the association for defending the appeal.
Even something as seemingly minor as the color of a door handle or the size of address letters requires approval of the board before making a change. Such changes without board authorization can be an expensive mistake.