Study Aids
Case Briefs Overview
Casebooks
Case Briefs
N

Nottingdale Homeowners' Association v. Darby

514 N.E.2d 702 (1987)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Nottingdale Homeowners’ Association v. Darby

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

MP

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Housing Law

Key Terms