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

QUESTIONS PRESENTED 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 Ass'n v. 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. 1 The Community Association fact book, National and State statistical review for 2016, Community Association Data, caionline.org. ii QUESTIONS PRESENTED Continued Whether Rooker-Feldman takes precedence over the clear language of the Federal Fair Debt Collection Practices Act (““FDCPA”), 15 US.C. §§ 1692 et seg., and the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968, thus undermining the very purpose of these statutes.