Case Law Update: Nottingham Village Condo Ass’n v. Pensom: Litigation Evaluation Meetings (MI)

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit. These provisions range from the rather mundane to extremely onerous.  In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld a bylaw provision that stated, before any civil lawsuit was filed, “the Board shall call a special meeting of the members of the Association (‘litigation evaluation meeting’) for the express purpose of evaluating the merits of the proposed civil action.”     Read the article………………

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