Sheffield Village Parkside Condominium Assn. v. 5225 Parkhurst, L.L.C., 2017 Ohio 129

Sheffield Village Parkside Condominium Association (the Association) recorded a lien against 5225 Parkhurst, L.L.C.’s condominium unit to collect unpaid condominium assessments and fees.
The Association sued for foreclosure of the lien and a money judgment, including attorney fees and collection costs.
5225 Parkhurst admitted indebtedness for assessments but contested recovery of the Association’s attorney fees and collection costs.
The trial court granted the Association’s summary-judgment motion, entering foreclosure and a monetary judgment that included attorney fees and costs.
5225 Parkhurst appealed, arguing the trial court erred because the awarded attorney fees were not shown to be necessary and reasonable.
The appellate court reversed and remanded, holding the trial court failed to make the required finding that the attorney fees were fair, just, and reasonable and directing the trial court to determine reasonableness after full consideration of the circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether attorney fees may be awarded under the condominium governing documents	Association: contract/declaration authorizes recovery of attorney fees and thus fees should be awarded	5225 Parkhurst: does not dispute entitlement to assessments but disputes that attorney fees/costs were necessary and reasonable	Fees may be awarded under the governing documents, but trial court must find fees are fair, just, and reasonable before awarding them
Whether summary judgment was proper as to attorney-fee award	Association: no material fact disputes; entitled to fees as a matter of law	5225 Parkhurst: existence of a material issue as to reasonableness of fees	Summary judgment improperly awarded fees without a specific determination of reasonableness; remand for trial court to decide reasonableness

Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo review of summary judgment)
Dresher v. Burt, 75 Ohio St.3d 280 (summary-judgment burden-shifting framework)
Wilborn v. Bank One Corp., 121 Ohio St.3d 546 (American rule and exceptions for contractual or statutory fee-shifting)
Nottingdale Homeowners’ Assn., Inc. v. Darby, 33 Ohio St.3d 32 (condominium declarations/bylaws can shift fees if trial court finds fees fair, just, and reasonable)
Klein v. Moutz, 118 Ohio St.3d 256 (trial court is best situated to determine reasonable fee awards)
Temple v. Wean United, Inc., 50 Ohio St.2d 317 (summary judgment standard components)