PHH Mtge. Corp. v. Messersmith

Citations

• 2019 Ohio 594

Syllabus

Although the trial court did not err in granting summary judgment when it concluded that R.C. 5312.13 provided statutory authority for the award of attorney fees for a homeowner's violation of a covenant to pay monthly association fees to a homeowner's association, the trial court nonetheless erred in awarding attorney fees where there remained issues of fact as to whether the services performed by the association's attorneys were necessary to resolve the disputed claims and whether the Association or its attorneys failure to communicate with the homeowner caused additional and unnecessary legal expenses to be expended.