MI Court of Appeals Rules That (County) Treasurer Cannot Foreclose on Common Elements

In Carola Condominium Association v Dustin Chappell, issued July 19, 2016 (Docket No. 325851) (Unpublished Opinion) the Michigan Court of Appeals held that the Wayne County Treasurer could not foreclose on common elements that were identified as “garage spaces” in the master deed. Carola dealt with a situation in which common element garages were created by the second amendment to the master deed. The treasurer foreclosed on the common element garage spaces and obtained a judgment of foreclosure on March 28, 2013. The Carola Condominium Association later filed an action for injunctive relief and to quiet title on October 25, 2013 claiming that common elements are not subject to taxation and could not be subject to tax foreclosure.     Read the article…………