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STATE OF MICHIGAN
COURT OF APPEALS


CHERYL WARREN, Plaintiff-Appellant, v HIGHLAND LAKES CONDO ASSOCIATION, STEVEN A. LONE, JON SABO, JEFFREY VOLLMER, SHANE E. DIEHL, WAYNE G. WEGNER, and WEGNER & ASSOCIATES, PC, Defendant-Appellees.

UNPUBLISHED February 7, 2008

No. 272061 Wayne Circuit Court LC No. 05-534209-CH

HIGHLAND LAKES CONDOMINIUM ASSOCIATION, Plaintiff/Counter-DefendantAppellee, v CHERYL M. WARREN, Defendant/Counter-PlaintiffAppellant, and COMERICA BANK, Defendant. No. 274861 Wayne Circuit Court LC No. 06-610275-CH

HIGHLAND LAKES CONDO ASSOCIATION, Plaintiff/Counter-DefendantAppellant, v No. 275034

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CHERYL M. WARREN, Defendant/Counter-PlaintiffAppellee, and COMERICA BANK, Defendant.

Wayne Circuit Court LC No. 06-610275-CH

Before: Schuette, P.J., and Borrello and Gleicher, JJ. PER CURIAM. In this consolidated appeal, plaintiff Warren appeals as of right the trial court's June 16, 2006 order granting summary disposition to defendants under MCR 2.116(C)(10). In addition, defendant/counter-plaintiff Warren appeals as of right the trial court's November 3, 2006 order granting summary disposition on plaintiff/counter-defendant Highland Lakes Condominium Association's (Association) foreclosure action under MCR 2.116(C)(10) and the trial court's November 3, 2006 order granting summary dismissal of Warren's counter-claims under MCR 2.116(C)(7). Further, plaintiff/counter-defendant Association appeals as of right the trial court's November 17, 2006 order awarding partial attorney fees. We affirm. I. FACTS Warren purchased unit 52 (property) in the Highland Lakes Condominiums (HLC). The HLC condominium bylaws (bylaws) require every unit owner to pay monthly assessments to the Association. Warren established a monthly automatic payment by check system to pay her dues. In October 2003, the Association's monthly assessments were increased. Warren failed to update her electronic payment system to reflect the higher payment. As a result, she did not pay the full amount that was due. Warren never made up the difference; so she began to accrue late fees, which also went unpaid. On May 27, 2005, Warren's bank issued a check to the Association for payment of her monthly assessment on a closed account; the check was returned unpaid. On June 7, 2005, the Association's counsel, Wegner & Associates (Wegner), sent a letter to Warren about the arrearage and indicated that legal fees would be assessed on her account because legal counsel was involved in the collection effort; it also stated that legal action would be commenced if she did not pay her account in full by June 17, 2005. Art. II,

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