Phelps v. Community Garden Assn., Inc.

Citations

• 2021 Ohio 3675

Syllabus

Summary judgment declaration amendment assessment notice slander of title attorney fees. Where the association failed to satisfy its reciprocal burden under the declaration to provide homeowners notice of assessments, it was unable to show that it was entitled to summary judgment as a matter of law with respect to unpaid assessments. The trial court erred in granting summary judgment in the association's favor for unpaid assessments. Because the judgment upon which attorney fees were based is reversed, the award of attorney fees was error. The trial court did not err in denying homeowners' summary judgment motion on their slander of title claim when they were unable to establish malice, an essential element of the claim.