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STATE OF MICHIGAN
COURT OF APPEALS


DEAN BORLAND, Plaintiff-Appellant, v WEST MICHIGAN LAKESHORE ASSOCIATION OF REALTORS, Defendant-Appellee.

UNPUBLISHED December 11, 2007

No. 276908 Ottawa Circuit Court LC No. 06-054627-CH

Before: Bandstra, P.J., and Meter and Beckering, JJ. PER CURIAM. In this declaratory judgment action, plaintiff Dean Borland, a licensed realtor and a member of defendant West Michigan Lakeshore Association of Realtors (WMLAR), appeals as of right from an order granting summary disposition to WMLAR. We affirm. Plaintiff alleged in his February 28, 2006, complaint that, "[i]n addition to acting as a real estate agent," plaintiff "rents houses, townhomes, and condominiums to tourists for vacation use." In 2005, plaintiff rented a home to a family for vacation use, and the family filed a complaint with WMLAR against plaintiff. According to plaintiff, WMLAR "sent [p]laintiff a written reprimand and sanctioned him even though the rental was for transient/vacation type use." Plaintiff requested the following declarations in his complaint: A. The rental and management of transient vacation accommodations does [sic] not constitute a transaction in real estate. B. The "membership agreement" between Plaintiff and [WMLAR] applies only to Plaintiff's conduct as a realtor and a transaction in real estate. C. [WMLAR] does not have jurisdiction or authority to discipline Plaintiff for conduct not involving a transaction in real estate. D. [WMLAR]'s "Code of Ethics" does not apply to Plaintiff's entire life but, rather, to his conduct as a realtor while completing a transaction in real estate. On November 2, 2006, WMLAR moved for summary disposition under MCR 2.116(C)(7), (8), and (10). WMLAR alleged that it had the authority to discipline plaintiff -1-


because its Code of Ethics specifically states that WMLAR has the authority to discipline members for "real estate-related activities," and plaintiff's activity in renting the vacation home was a real estate-related activity. WMLAR also alleged that its conduct in this case was not subject to judicial review in light of the waiver provision contained in the Code of Ethics, which states: Every member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS

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