Real Property – Common area – Subdivision

Where a defendant has filed an appeal challenging an order to remove docks and other property improvements from a common area north of her designated lot in a subdivision, the trial court improperly made the equitable ruling that an association of subdivision property owners should govern the common area.

“In this property dispute, appellant, Jill Couch, appeals by right an order entered after a bench trial. Some of the disputed issues were also decided via summary disposition pursuant to MCR 2.116(C)(10) (no genuine issue of material fact). The court concluded that Couch needed to remove docks and other property improvements from a ‘common area’ north of her designated lot in the Trycove Subdivision in Midland County. The court also ruled that an association of property owners within the subdivision would be responsible for maintaining this common area. On appeal, Couch contends that the trial court improperly delineated the boundaries of her property, failed to recognize her valid claim for adverse possession, acted without authority by ruling that the association of owners could govern the common area, and improperly ruled that an easement from the 1920s extended to the present day. We affirm.

“Couch argues that the trial court improperly made the equitable ruling that the Leonard Street Association should govern the common area. We agree.

“On this record, we are left with questions regarding the court’s appointment of this organization. In particular, it is not clear what evidence supported the court’s decision to appoint this association, and there is not enough information regarding its formation, governance, and membership. Accordingly, we vacate this portion of the decision and remand for additional proceedings.

“We vacate the court’s decision to appoint the Leonard Street Association to be the governing body for the common area. In all other respects, we affirm. This case is remanded for additional proceedings consistent with this opinion.”

Sanford Lake Preservation Ass'n v. Couch; MiLW 08-108106, 12 pages; Michigan Court of Appeals unpublished per curiam; Maldonado, J., Markey, J., K. F. Kelly, J.; on appeal from Midland Circuit Court; Philip L. Ellison for appellant; Joseph W. Colaianne for appellee.

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