Worthinglen Condominium Unit Owners' Association v. Brown

566 N.E.2d 1275 (1989)

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Worthinglen Condominium Unit Owners’ Association v. Brown

Ohio Court of Appeals
566 N.E.2d 1275 (1989)

MP

Facts

Jacqueline Brown (defendant) owned a unit at the Worthinglen Condominium, which Brown leased to third parties. The Worthinglen Condominium Unit Owners’ Association (the association) (plaintiff) amended the condominium’s declaration to prohibit unit owners from leasing their units. When the amendment was adopted, Brown was leasing her unit, and that existing lease arrangement was grandfathered under the terms of the amendment. However, when that lease ended and Brown sought to lease her unit to new tenants, the association sued Brown to enjoin her from leasing her unit to new tenants. The trial court found that an amendment to a condominium declaration prohibiting unit owners from leasing their units was unenforceable against owners who acquired their units before the amendment was adopted and ruled for Brown. The association appealed.

Rule of Law

Issue

Holding and Reasoning (Bryant, J.)

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