Elam v. Woodhawk Club Condominium

Citations

• 2019 Ohio 457

Syllabus

Summary judgment Civ.R. 56(C) breach contract fiduciary duty condominium bylaws and declarations negligent and wanton misconduct declaratory judgment. The trial court's judgment granting summary judgment to the condominium association is affirmed. Plaintiff did not meet her burden of establishing that genuine issues of material fact remain regarding her claims of breach of contract, breach of fiduciary duty, negligent and wanton misconduct, and declaratory judgment. The clear and unambiguous terms of the association's declaration and bylaws established that plaintiff was responsible for the maintenance and repair of her heating and cooling system. There was no evidence that the association acted negligently or in a wanton manner, nor was there any evidence that the association breached a duty to plaintiff. Further, plaintiff did not present any evidence that the declaration and bylaws were unreasonable.