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GGTM Law
We are a client-centric boutique law firm in Muskegon, Michigan, comprised of experienced Muskegon attorneys committed to serving the legal needs of a wide variety of businesses and individuals in Muskegon, Grand Rapids, Grand Haven, Spring Lake, Holland, throughout West Michigan, and beyond.
General News/Mar 3, 2016

A Door of a Different Color: Appeals Court holds that condominium association is responsible for painting exterior door of condominium unit

3 min read

When a condominium association appealed a circuit court order, claiming that a condominium unit owner – not the association – was responsible to repaint the owner’s front door, the Court of Appeals held that the alleged responsibility to repaint was a horse (or perhaps a door) of a different color. Mt Vernon Park Ass’n v Clark, unpublished opinion per curiam of the Court of Appeals, issued December 29, 2015 (Docket No. 323445). The appellate court sided with the unit owner, holding that, pursuant to the association’s master deed and the Michigan Condominium Act, MCL 559.101 et seq. (the “Act”), the responsibility to paint the owner’s front door dark brown fell on the association rather than the unit owner.

The Court of Appeals looked no further than the Act and the association’s master deed to render its opinion. The Act defines a “condominium unit” as “that portion of the condominium project designed and intended for separate ownership and use, as described by the master deed.” MCL 559.104(3). The Act further defines “common elements” as those “portions of the condominium project other than the condominium units.” MCL 559.103(7). And, “limited common elements” is defined by the Act as “a portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.” MCL 559.107(2). The association’s master deed provided that both the “general common elements” and the “limited common elements” included, among other things, “unit perimeter walls (including windows and doors therein).” The master deed further provided that the association was responsible for the costs of maintenance, repair and replacement of all general and limited common elements.

The “clear and unambiguous language” of the master deed, coupled with the Act’s definitions of common elements, were all the convincing the Court needed to hold that the association was responsible for the repainting of the owner’s front door. The Court did note, however, that there was no dispute that the association held the power to require the uniform dark-brown color for all unit front doors. But, while the association could require all unit front doors to be painted the color of its choosing, the association could not mandate that the unit owners paint and pay for the required color change.

This case illustrates the importance of having well-drafted master deeds and condominium documents that clearly express the duties and obligations of associations vis-à-vis unit owners. It also serves as a cautionary tale instructing condominium unit purchasers to read and understand the condominium documents before purchasing a unit. Courts will enforce clearly drafted documents as written, without interpretation.

GGTM Law
GGTM Law
We are a client-centric boutique law firm in Muskegon, Michigan, comprised of experienced Muskegon attorneys committed to serving the legal needs of a wide variety of businesses and individuals in Muskegon, Grand Rapids, Grand Haven, Spring Lake, Holland, throughout West Michigan, and beyond.

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