Point E. Condominium Owners' Assn. v. Bilfield

Citations

• 2025 Ohio 2142

Syllabus

R.C. 5312.12; condominium lien certificates; R.C.5815.36; disclaimers of testamentary and nontestamentary property; foreclosure; doctrine of res judicata. The trial court's findings of res judicata was not in error. Appellant had actual knowledge of appellees' purported interests and disclaimers of interest in the condominium unit at the time it filed the condominium lien certificate foreclosure action against the unit owner who passed away while the case was pending. Appellant failed to pursue the issue against appellees as purported successors-in-interest who were named parties in the case. Appellant filed the instant action against appellees seeking recovery of the assessments and fees while the foreclosure was pending. The matter should have been adjudicated during the foreclosure case and is barred by the doctrine of res judicata. The trial court's finding that the statutory disclaimers of interest in the unit were void and that appellees were bound by the condominium declaration is reversed as barred by the doctrine of res judicata.