Eagle Ridge Subdivision, Inc. v. Ott & Associates Co., LPA

Leonard Slodov, a homeowner and former treasurer of Eagle Ridge Subdivision homeowners association, sued the law firm Ott & Associates for legal malpractice. Slodov had served on the association’s board for 12 years until allegedly being improperly removed in 2021. After his removal, Ott & Associates (representing the association) filed a lien and foreclosure action against Slodov for unpaid dues. Slodov then filed this malpractice suit both individually and purportedly on behalf of the association.

The opinion sets out the key facts in these two paragraphs:

{¶ 3} Slodov owns a home in Novelty, Ohio, and is a member of Eagle Ridge, a nonprofit homeowner’s association composed of 25 single-family homes. In 2010, Slodov was elected treasurer of the association. Around the same time Slodov was elected treasurer, the association hired Ott & Associates to serve as the association’s legal counsel. Ott & Associates has remained Eagle Ridge’s legal advisor since that time. Slodov served on the association’s board of trustees in various capacities for the next 12 years until a group of members allegedly removed him from the board in 2021 in violation of the association’s bylaws. In 2021, new members were elected to the board of trustees and Slodov was not reelected.

{¶ 4} In 2022, Ott & Associates took action against Slodov to collect monies owed to the association. The association, through Ott & Associates, filed a lien on Slodov’s home and a foreclosure complaint against Slodov in the Geauga County Court of Common Pleas. The lien was signed by the same members of the association who had sought to remove Slodov from the board of trustees. As a result of these actions, Slodov filed a complaint in the Chardon Municipal Court seeking an injunction to remove the lien on his house and for money damages. He also filed a complaint for money damages against Eagle Ridge and three individual members of the board of trustees in the Geauga County Court of Common Pleas, alleging that he was illegally removed from the board of trustees in violation of the association’s bylaws.

The court reasoned that Slodov did not have an attorney-client relationship with the association’s attorney. He also lacked standing to bring a claim on behalf of the association.

Holdings

The appellate court affirmed the dismissal on two independent grounds:

Association’s Claim: Slodov, as a non-attorney, lacked authority to represent the corporate association in court. Ohio law requires corporations to be represented by licensed attorneys.
Individual Claim: Slodov failed to establish an attorney-client relationship between himself personally and Ott & Associates. The firm’s attorney-client relationship was with Eagle Ridge as an entity, not with Slodov individually. Without an attorney-client relationship, no legal malpractice claim could succeed.

Significance

This decision reinforces the fundamental requirements for legal malpractice claims: the existence of an attorney-client relationship is an essential element that must be proven, and corporate entities cannot be represented by non-attorney officers or members. The practicing lawyer should draft his engagement letter to state clearly who he represents. This situation was clear. The engagement letter helps you when there is a potential lack of clarity.

Case Information

Court: Ohio Court of Appeals, Eighth District, Cuyahoga County
Decision Date: January 29, 2026
Citation: 2026-Ohio-256
Result: Affirmed trial court’s dismissal