O'Bannon Meadows Homeowners Assn., Inc. v. O'Bannon Properties, L.L.C.
2013 Ohio 2395
Ohio Ct. App.2013Background
- Declaration for O'Bannon Meadows recorded 4/28/2004; boundaries governed by Declaration and attached Design Guidelines.
- Article VI grants Association powers to regulate, maintain, and enforce the Declaration; includes Code of Regulations.
- OBP initially controlled the Association; control transferred to homeowner-members on 4/25/2011.
- March 2012: Association purportedly amended Design Guidelines, relying on Article IX for authority.
- Brookstone began construction in May 2012 without Association plan-submission; Association sought injunction/declaratory relief.
- Trial court granted OBP summary judgment on plan-approval authority; Association appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who has plan approval authority for construction | Association argues it can review for design compliance; OBP not sole arbiter | OBP retains exclusive plan-approval power while it owns at least one lot | OBP has plan-approval authority while it owns a lot; Association cannot unilaterally amend guidelines |
| Authority to amend Design Guidelines after control transferred | Association asserts it can amend/enforce guidelines as sole authority | Declaration limits to OBP until assignment or expiration of OBP’s plan-approval right | Association lacked authority to amend Design Guidelines in March 2012; OBP restricted to plan-approval and guideline promulgation until assignment/expiration |
Key Cases Cited
- Providence Manor Homeowners Assn., Inc. v. Rogers, 2012-Ohio-3532 (2012-Ohio-3532) (contract interpretation; deem ambiguous terms; intent of parties)
- Lisy v. Mayfair Estate's Homeowners Assn., 2012-Ohio-68 (2012-Ohio-68) (contract interpretation; language in declarations governs)
- Pierce Point Cinema 10, L.L.C. v. Perin-Tyler Family Found., L.L.C., 2012-Ohio-5008 (2012-Ohio-5008) (contract interpretation; express vs. implied terms)
- Graffin v. Schumacher Homes of Cincinnati, Inc., 2013-Ohio-992 (2013-Ohio-992) (reading multiple documents; whole-transaction approach)