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Cianciola v. Johnson's Island Property Owners Assoc.
Court of Appeals of Ohio, Sixth District, Ottawa
May 25, 2018
Elizabeth J. Cianciola, et al. Appellants
Johnson's Island Property Owners Assoc. Appellee
Court No. 10CV232
C. Wilber, for appellants.
A. Coppeler, for appellee.
DECISION AND JUDGMENT
1} Appellants, Elizabeth and Anthony Cianciola,
appeal the judgment of the Ottawa Count Court of Common
Pleas, denying their motion to show cause and rejecting the
Cianciolas' allegations of contemptuous conduct on the
part of appellee, Johnson's Island Property Owners
Facts and Procedural Background
2} The background facts of this case were previously
summarized by this court as follows:
Johnson's Island is situated on Sandusky Bay off the
southern coast of the Marblehead Peninsula near Lake Erie in
Ottawa County. In 1956, Johnson's Island was purchased by
Johnson's Island, Inc., a for-profit Ohio corporation.
Thereafter, Johnson's Island, Inc. recorded a plat map
which divided the island into building lots and dedicated two
roadways. Prior to subdivision and subsequent sale of the
lots, Johnson's Island, Inc. recorded a declaration of
restrictions restricting the use of lots 26-53, 61-170, and
173-376 on the island.
Appellees are record owners of several lots purportedly
restricted by the declaration of restrictions. Appellees
purchased their respective lots at various times ranging from
as early as 1957 to as recent as 2006. Appellees' deeds
include language that subjects the property to, inter alia,
"conditions and restrictions of record."
The declaration of restrictions sets forth several terms
pertaining to the use of property. However, the declaration
of restrictions does not compel membership in any
homeowners' association, nor does it include language
regarding the formation of a homeowners' association, or
any mention of assessment of dues. Further, the declaration
of restrictions is silent on the issue of amendment and
JIPOA is an Ohio not-for-profit corporation that was formed
in 1956. When initially formed, the company's name was
Johnson's Island Club, Inc. However, in 1983, the name
was changed to Johnson's Island Property Owners'
Association. Upon formation, JIPOA filed its code of
regulations with the Secretary of State. The code of
regulations provided, in part, the following purposes for
which JIPOA was formed:
To promote the development of the common facilities on
Johnson's Island * * * for the use and benefit of all lot
owners thereof; to operate and maintain said facilities and
to adopt and enforce regulations governing the conditions of
use thereof; to provide service on or to the island for the
members as required or ...
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