Ohio Case Law Update

In a case out of Columbus, the Appeals Court upheld a decision finding the Olentangy Condominium Association properly raised the monthly assessments and properly imposed a special assessment for carport and road repair.

The unit owner filed suit alleging that the increase in the monthly maintenance fee was improper because he was never notified that the Board had approved the increase in the fees. In addition, he claimed that the special assessment for the repair of the carports and roadways was improper because approval was not sought of the members of the Association and because state law requires the Association to have adequate reserves to make repairs without the necessity

of a special assessment.

The unit owner refused to pay both the increased assessment and the special assessment. The Association filed a lien and sought foreclosure. The trial court found for the Association.

On appeal, the Court considered the statute on reserve funds and found that the state law leaves open the possibility for special assessments. So that even if with careful budgeting, an Association does not have sufficient reserves to make the repairs necessary that a special assessment can be imposed by the Board to cover that expense. In addition, the Court found that the special assessment for the repair was valid and did not require a vote of the members.

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