555 N.E.2d 663 | Ohio Ct. App. | 1988
In an earlier case, appellee, Bretton Ridge Homeowners Club, brought suit against appellant, Anthony F. DeAngelis, and other owners of land in Bretton Ridge subdivision, in an action in Rocky River Municipal Court. Summary judgment was granted for appellants. Appellee appealed on the merits and on jurisdictional grounds and this court held that the trial court lacked subject matter jurisdiction and remanded with an order to dismiss.1
Appellee later filed a complaint for declaratory judgment in common pleas court against appellants (approximately two dozen owners of the five hundred eight homes in Bretton Ridge subdivision). Appellants filed a motion to dismiss for failure to join all necessary parties as required under the declaratory judgment statute (R.C.
The complaint for declaratory judgment requested that the court determine whether membership in the club was mandatory (i.e., automatic upon ownership of a home within the subdivision bound by the restrictive covenant that established the non-profit club that ran a recreational facility for members), and whether certain amendments to the covenant were properly adopted and binding. It also asked for judgment against appellants for past assessments.
Each side filed a motion for summary judgment. Both were denied. A bench trial was conducted and additional documentation was ordered. The trial judge concluded that payment of dues was mandatory and upheld all the amendments except those that attempted to deny membership for failure to pay dues or attempted to create a lien against those who had not paid.
Appellants raise the following assignments of error on appeal:
Assignment of Error No. I is well-taken.
Five amendments were at issue. Amendment 1 conditioned an owner's membership on timely payment of his or her pro rata share of assessments for operating expenses. Amendment 2 revoked voting privileges of members who failed to pay their share of the annual assessment. Amendment 3 provided that each member's pro rata share of annual expenses could be increased to an amount greater than $50 upon the vote of a majority of the members present at a meeting attended by a majority of the members who are in good standing. Amendment 4 created three classes of membership and established different pro rata shares of assessments based on age and the extent to which the facilities were used. Amendment 5 stated members could not exempt themselves from payment by not using the facilities and that the club could place a lien against the property of members who fail to pay their pro rata share of the annual assessment for operating expenses.
Appellants moved to dismiss the complaint. The motion was stricken and thus denied. On appeal appellants contend that the appellee's declaratory judgment is void for failure to join not only the approximately two hundred other owners who failed to pay, but all five hundred eight owners of property bound by the covenant.
Appellee contends that joinder is not required by R.C.
However, here all five hundred eight owners were bound by the restrictive covenants and had a legal interest in the litigation that would determine their rights and liabilities. The trial court concluded that the failure to pay results in a loss of privileges but not a removal of the obligation to pay. Although judgment was entered against twenty-six people, the conclusions of law and judgment concerning the duty to pay and the amendments related to all owners of property within subdivisions 1, 2, 3, 4, 4A and 5. The owners who were not parties to the suit had a legal interest that would be affected, and should have been parties in this suit which, though not res judicata, is precedent on the issues involved.
The other rationale for requiring joinder is that the issues should be settled now and not piecemeal in numerous cases. Enforcing the statute ensures that all parties will have their interests protected and there will be no ongoing controversies. The court lacked jurisdiction to render a declaratory judgment.
The absence of a necessary party is a jurisdictional defect and a declaratory judgment is precluded. Cincinnati v. Whitman
(1975),
Appellee contends that even if joinder were required the appellants failed to move for joinder and waived the defense. Although Civ. R. 57 states that the procedure for obtaining a declaratory judgment is in accordance with the Civil Rules, Civ. R. 19, 12(G) and 12(H) are not applicable. A special statutory provision that is jurisdictional is substantive law and cannot be abridged, enlarged or modified by the Civil Rules. Malloy v.Westlake (1977),
The declaratory judgment is void. The complaint should have been dismissed. Whitman, supra. The decision of the trial court is reversed and the motion to dismiss is granted.
Judgment reversed.
NAHRA, C.J., and KRUPANSKY, J., concur.