# Behm v. Victory Lane Units Owners' Assn.

> Ohio Court of Appeals · February 19, 1999 · 133 Ohio App. 3d 484

URL: https://www.frixlaw.com/law-library/cases/3725427

## Case

- **Full name:** Jo Ann Behm and Elizabeth Dodson v. Victory Lane Unit Owners' Assn., Inc., Barry Tingley, AKA Pat Berry, Lori Homel, AKA Lori Michaels, and Tim Emerson
- **Court:** Ohio Court of Appeals
- **Decided:** February 19, 1999
- **Citations:** 133 Ohio App. 3d 484; 728 N.E.2d 1093; 1999 Ohio App. LEXIS 543
- **Precedential status:** Published
- **Opinion:** Concurrence by Painter
- **Judges:** Hildebrandt, Doan, Painter
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3725427

## Opinion text

Painter, Judge,
concurring.
I concur with Judge Hildebrandt’s excellent opinion, but feel compelled to express my disbelief that anyone could seriously contend that the board of managers of a condominium unit owners association does not owe a fiduciary duty to the unit owners. Though the developer of the condominium project initially appoints board members who must serve two masters and who could possibly advance such a proposition, that is not the situation here. Here, the unit owners of this long-existing condo elect all the board members who are beyond cavil fiduciaries. What else could they be?
It is also impossible to understand the confusion in this case, between (a) repair and maintenance, and (b) improvement. Preventing the collapse of a building is necessary maintenance, not an improvement.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3725427. Public record. Not legal advice.