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BELVEDERE CONDOMINIUM UNIT OWNERS' ASSN. v. R.E. ROARK COS., INC.

No. 92-30.

67 Ohio St.3d 274 (1993)

BELVEDERE CONDOMINIUM UNIT OWNERS' ASSOCIATION, APPELLEE, v. R.E. ROARK COMPANIES, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 15, 1993.

Attorney(s) appearing for the Case

Manley, Burke & Fischer and Timothy A. Fischer, for appellee.

Griffin & Fletcher and Michael C. Fletcher; H. Fred Hoefle; Bayh, Connaughton, Fensterheim & Malone, G. David Fensterheim and Kevin C. Golden, for appellants.

Lee Fisher, Attorney General, Nancy J. Miller, Deputy Chief Counsel, and Robert A. Zimmerman, Assistant Attorney General, urging affirmance on behalf of amicus curiae Lee Fisher.

Thompson, Hine & Flory, Kenton L. Kuehnle and Margaret R. Carmany, urging reversal on behalf of amicus curiae Ohio Home Builders Association.

WRIGHT, J.

This appeal requires the court to construe the Ohio Condominium Act, R.C. Chapter 5311. It presents three primary issues: whether a condominium developer owes a fiduciary duty to a condominium owners' association, whether there is sufficient evidence in the record to support a finding that RERC or Ronald E. Roark violated the Condominium Act by failing to disclose or inadequately disclosing material facts regarding the lease in question, and whether Ronald...

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