CITY OF SOUTH LYON V DEMARIA BUILDING CO
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
CITY OF SOUTH LYON,
UNPUBLISHED
January 28, 2010
Plaintiff/CounterdefendantAppellee,
v
DEMARIA BUILDING COMPANY, ST. PAUL
TRAVELERS COMPANY, INC., and UNITED
STATES FIDELITY & GUARANTY
COMPANY,
No. 287703
Oakland Circuit Court
LC No. 2005-071288-CK
Defendants,
and
DEMARIA INVESTMENTS,
Defendant/Counterplaintiff/ThirdParty Plaintiff/Third-Party
Counterdefendant-Appellant,
and
TROTTERS’ POINTE HOMEOWNERS
ASSOCIATION,
Third-Party Defendant/Third-Party
Counterplaintiff-Appellee.
Before: Murphy, C.J., and Jansen and Zahra, JJ.
ZAHRA, J. (concurring).
I concur in the result reached by the majority opinion. I write separately to express my
view that DeMaria lacked authority to unilaterally amend the Master Deed and the
Condominium Subdivision Plan for the purpose of inserting an option to remove property from
the original plan. Article IX, Section 3 limits the developer’s right to unilaterally make
amendments to the Master Deed and the Condominium Subdivision Plan. Unilateral
-1-
amendments are not permitted if the proposed amendment “materially affect[s] any rights of any
Co-owners or mortgagees in the Project.” In my opinion, amending the Master Deed and
Subdivision Plan to allow DeMaria the option to “withdraw[] from the project the southeastern
most portion of the previously designated General Common Element at the corner of Pontiac
Trail and Eleven Mile Road” materially affects the rights of co-owners. For this reason, I would
affirm.
/s/ Brian K. Zahra
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
