Condominium assessments; Lien; Condominium Act; Bylaws; MCL 559.165; Breach of contract; Statute of limitations; MCL 600.5807(9); Miller-Davis Co v Ahrens Constr, Inc; Tortious interference with a business expectancy; Dalley v Dykema Gossett; Amendment of complaint; Futility

The court held that the trial court properly granted defendant-condominium association summary disposition on plaintiff’s breach-of-contract, tortious-interference, and Condominium Act claims. The dispute involved assessments and a lien on plaintiff’s condominium, which later resulted in funds being held in escrow during a sale. The court first held that plaintiff’s breach-of-contract claim was barred by the six-year statute of limitations because a contract claim “begins to run when the promisor fails to perform,” and defendant continued charging assessments in 2015 after the parties’ 2014 release. Because plaintiff filed suit in 2023, more than six years after accrual, the claim was time-barred. The court next held that plaintiff could not show tortious interference with the escrow agreement because defendant was not a party to that agreement, plaintiff presented no evidence defendant knew about it, and she failed to show “specific and affirmative acts” corroborating improper motive. The court also held that plaintiff failed to establish a Condominium Act violation because defendant’s bylaws authorized assessments, made unpaid assessments a lien, and permitted collection from the sale price, while plaintiff cited no bylaw or statutory provision that defendant violated. Finally, the court declined remand for amendment because the proposed new breach-of-contract claims were futile, including one barred by limitations and others unsupported by evidence defendant refused to release liens. Affirmed.