Country Club Condominium Owners' Assn., Inc. v. Sammon
2013 Ohio 3528
Ohio Ct. App.2013Background
- Association appeals from summary judgment for Sammon on foreclosure lien for balcony repairs; balcony is a Limited Common Area maintained by unit owner; Declaration authorizes assessments and liens for common expenses.
- Association notified Sammon of balcony leak repair and potential enforcement assessment; multiple repair efforts and communications occurred between 2005–2007.
- In 2007 the Association proceeded with Brad Smith Roofing repair under Sammon's cost; no hearing was offered.
- February 2008 notice demanded payment; June 2008 lien filed; August 2008 foreclosure complaint filed; Sammon asserted lack of hearing under R.C. 5311.081(C).
- Trial court held that R.C. 5311.081(C) mandates a hearing prior to damages or enforcement assessments and that lack of hearing voided the lien; court granted Sammon summary judgment; Association appealed.
- Appeal affirmed; lien void for lack of required hearing; procedural due process emphasized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 5311.081(C) requires a hearing before a charge for damages or enforcement assessment | Association argues the statute is inapplicable to owner repairs/limited common areas | Sammon contends the statute mandates a hearing before any such charge | Mandatory hearing required; lien void absent hearing |
| Whether substantial compliance suffices or the hearing requirement is mandatory | Association claims sufficient due process via pretrial negotiations | Sammon asserts hearing cannot be sidestepped by negotiations | Mandatory hearing cannot be satisfied by substantial compliance; due process requires hearing; lien void |
| Whether there are genuine issues of material fact about additional charges beyond balcony repair | Association attributes additional fees and maintenance charges to Sammon | Sammon contends no triable issue remains beyond the disputed repairs | No genuine issue; summary judgment proper in favor of Sammon |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary judgment standards and de novo review)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary judgment criteria and evidentiary burden)
- Viock v. Stowe-Woodward Co., 13 Ohio App.3d 7 (Ohio App.3d 1983) (evidence and burden shifting on summary judgment)