Harbor Watch Condominium Association v. Emmet County Treasurer
308 Mich. App. 380
| Mich. Ct. App. | 2014Background
- Harbor Watch Condominium Association sues Emmet County Treasurer after foreclosure foreclosing units under GPTA; ownership vested in treasurer if units not redeemed by deadline; two public sales occurred and most units conveyed by quitclaim deeds; plaintiff seeks to recover common expenses from the former owner for period of ownership; trial court granted summary disposition finding treasurer’s ownership was involuntary and no obligation to pay assessments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the treasurer liable for condominium assessments during GPTA foreclosure ownership? | Harbor Watch argues owner duty applies to government owner. | Treasurer is involuntary taker, not bound by condo documents. | No liability; treasurer not bound to pay assessments. |
| Can GPTA funds be used to pay condominium assessments when proceeds are available? | Proceeds could cover maintenance and assessments. | Proceeds follow statutory priority and do not include assessments. | Not permitted; proceeds prioritized for taxes and fees; no mechanism to pay assessments. |
| Does MCL 211.78(5) render acquisition voluntary, undermining Headlee protections? | Statutory language suggests voluntary acquisition. | Wording preserves Headlee protections; not voluntary for purposes of mandates. | Statutory interpretation preserves Headlee protection; acquisition not voluntary to defeat GPTA. |
Key Cases Cited
- Parker v. West Bloomfield Twp, 60 Mich App 583 (1975) (estoppel/équitable relief when governmental act within authority)
- Webb v. Wakefield Twp, 239 Mich 521 (1927) (quantum meruit when action within authority despite formalities)
- Maple Grove Twp v Misteguay Creek Intercounty Drain Bd, 298 Mich App 206 (2012) (de novo review on summary disposition; legal sufficiency)