Sandra Pletos, et vir v. Makower Abatte Guerra Wegner Vollmer, PLLC , et al.

An "estimated 69 million Americans 21.3 percent - of the U.S. population in 2016— lived in common interest communities, including homeowners associations, condominium communities and cooperatives."' "Under Michigan law, a covenant constitutes a contract, created by the parties with the intent to enhance the value of property." Hickory Pointe Homeowners Assn ii. Smyk, 262 Mich. App. 512, 515, 686 N.W.2d 506 (2004) (citations omitted). Additionally, bylaws can constitute the terms of a contract. Conlin v. Upton, 313 Mich. App. 243, 255, 881 N.W.2d 511 (2015). This case raises an important issue regarding the relief available to homeowners when individuals fraudulently hold themselves out to be directors and officers of an association, fraudulently and abusively assess and collect dues, and engage in litigation without authority. Moreover,it raises an issue regarding the relief available when these individuals actively conceal newly discovered evidence which suggests that an earlier state court judgment was procured by fraud. Thus, the specific questions presented are: Whether Rooker-Feldman can be used to prevent parties from asserting their contractual rights, and new independent claims for relief based on statutes, when there are new and distinct acts of fraud, concealment, and abuse in the years following a state court judgment. The Community Association fact book, National and State statistical review for 2016, Community Association Data, caionite.org.