Nottingdale Homeowners' Association v. Darby

514 N.E.2d 702 (1987)

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Nottingdale Homeowners’ Association v. Darby

Ohio Supreme Court
514 N.E.2d 702 (1987)

Facts

Darby and other unit owners at the Nottingdale Condominium (the delinquent unit owners) (defendants) quit paying their assessments for monthly services. The terms and conditions of the condominium, which all unit owners agreed to abide by when they purchased their units, provided that a delinquent unit owner would be responsible for paying the reasonable attorney’s fees incurred by the homeowners’ association (the association) (plaintiff) in any action for foreclosure or to collect delinquent assessments. The association sued the delinquent unit owners for the unpaid assessments, and the trial court ruled in favor of the association and awarded it attorney’s fees. The delinquent unit owners appealed, and the court of appeals reversed. The appellate court found that under state law, attorney fees were not to be awarded to the prevailing party unless there was statutory authorization, which was lacking in this case, or bad faith by the losing party. The association appealed.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

Dissent (Locher, J.)

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