Condominium bylaw enforcement; Award of attorney fees & costs; The Condominium Act; MCL 559.206(b); “Proceeding”; “Any proceeding”; The “American Rule”; “Successful” for purposes of either MCL 559.206(b) or the Bylaws; Copperfield Villas Association (CVA)

Holding that the trial court erred by limiting plaintiff-condo association’s (CVA) award to attorney fees incurred before its first appeal, the court reversed and remanded for the trial court to determine the reasonable amount of attorney fees owed to CVA. CVA alleged bylaw violations by defendants-Tuers, owners of one of the association’s condominiums. “The parties reached a stipulated agreement settling the substantive claims but could not agree regarding the amount of attorney fees owed.” The trial court awarded CVA $8,000 in attorney fees and costs. CVA argued that the trial court erred by holding that it could recover attorney fees only for those proceedings that occurred before the first appeal. The court concluded that the trial court erred where the “Bylaws allow the CVA to recover reasonable attorney fees and costs incurred in any proceeding to resolve the Tuers’s alleged bylaw violations.” Further, it found that “the trial court’s rationale improperly punishes the CVA for pursuing its rights on appeal.” Finally, it determined that “the CVA was ‘successful’ in this lawsuit and is entitled to recover reasonable attorney fees and costs under MCL 559.206(b) and the association Bylaws.”