Pre-approval Litigation Clause Upheld in Published Opinion

In Tuscany Grove Assn. v Gasperoni, an published Michigan Court of Appeals decision, a lawsuit filed by a condominium association against a co-owner for an alleged violation of the condominium documents was dismissed because the association did not obtain approval of the co-owners prior to filing suit.

The co-owner sought approval for a backyard renovation project, which was approved by the association.  However, the project as completed exceeded the scope of the submitted plans and expressly violated the condominium restrictions.  The association filed suit seeking injunctive relief.

The condominium documents contained a provision requiring co-owner approval of all litigation except an action for unpaid assessments.  The association did not obtain the requisite approval from the co-owners, and the court dismissed the lawsuit. 

The court of appeals affirmed.  Failure to obtain approval of the co-owners in the manner provided by the condominium bylaws deprived the association of authority to file the lawsuit.

© Steve Sowell 2018