Order Michigan Supreme Court
Lansing, Michigan
April 29, 2009 Marilyn Kelly,
Chief Justice
137974 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
ORCHARD ESTATES OF TROY Diane M. Hathaway,
CONDOMINIUM ASSOCIATION, INC., Justices
CHRISTOPHER J. KOMASARA, and A. MARIA
KOMASARA,
Plaintiffs-Appellants,
v SC: 137974
COA: 278514
Oakland CC: 2006-078471-CZ
FOUAD DAWOOD and NADIYA DAWOOD,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the September 18, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we AFFIRM the Court of Appeals conclusion, under the
provisions of the master deed and the restrictive covenants in this case, that neither the
bylaws nor the restrictive covenants were binding on the defendants, because they were
unrecorded. We VACATE the Court of Appeals majority’s analysis of the Michigan
Condominium Act, MCL 559.101, et seq., because it is unnecessary to the decision in
this case. In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining questions presented should be reviewed by this Court.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 29, 2009 _________________________________________
p0422 Clerk