Francis v. Signature of Solon Home Owners Assn. Bd. of Trustees

Citations

• 2024 Ohio 6017

Syllabus

Motion for summary judgment; homeowners association; declaratory judgment; breach of contract; substantial performance; not material breaches; no breach of fiduciary duty; no fiduciary duty; fence restriction enforceable; breach-of-mediation/arbitration clause; breaching party; breaching party cannot succeed on breach-of-contract claim; motion to strike affidavits; Ohio Planned-Community Law; R.C. 5312.13. Trial court properly granted summary judgment of appellant/cross appellee's claims for breach of contract, declaratory judgment, and breach of fiduciary duty in favor of the appellee homeowners association board and individual members. Trial court also properly granted appellant/cross-appellee summary judgment as to the appellees/cross-appellants' counterclaim for breach of contract against appellant/cross-appellee. The alleged violation of Ohio Planned-Community Law is moot when then alleged documents were provided to appellant/cross-appellee. The court properly did not abuse its discretion when it denied appellant/cross-appellee's motion to strike two affidavits. The trial court's decision to deny appellees/cross-appellants' first cross-assignment of error for breach of contract was affirmed, but for a different reason than the trial court's, holding that appellees/cross-appellants cannot enforce a mandatory mediation/arbitration clause when they failed to perform under that contract provision themselves. Regarding appellees/cross-appellants' second cross-assignment of error, we affirm the trial court's decision to deny appellees/cross-appellants' motion to strike appellant/cross-appellee's expert report. Because the court granted summary judgment to appellees/cross-appellants, the admissibility of appellant/cross-appellee's expert report is immaterial and, thereby, moot.