Testimony begins in College Hill condo lawsuit stemming from 2023 fire

Nine people were injured. Nearly two dozens units were destroyed. Fifty families remain displaced.

That's the reality at The North Hammond Condominiums in College Hill after an overnight fire broke out at the building in February 2023.

Sixteen months later, a Hamilton County judge heard the first of several testimonies from owners who are suing the condo board.

The complaints scrutinize the board's response to the fire claiming it has provided limited details to justify repair plans and information on how they'll be funded.

Plaintiffs also argue the board has already forced remaining owners out to allow for work to be completed. One of the projects is the installation of a building-wide sprinkler system.

"We can't put this building back the way it was before. Some modifications have to be made," said an attorney for the condo board Wednesday.

Since the lawsuits were filed in May, owners have maintained that they've been denied a voice in the process.

In her opening statement, an attorney for the owners cited laws and bylaws explaining that the board should not have moved forward with any work without first putting the plans up for a vote.

"Condominium ownership is a cooperative living arrangement. And that cooperative living arrangement only works when everyone plays by the rules," she said.

Judge Terry Nelson repeated the attorney's argument back to her for clarification.

"So it's self-determination of the individual unit owners versus the board's determination that this is the best path forward based on resources that they have, and your position is then you should be able to overcome that with some sort of a vote?" Nelson asked.

"My position is they can't do any of the things they have already started to do your honor," she replied. "They can't proceed because they have to first obtain our consent."

The board's attorney pushed back on that claim, countering that the board did hold town halls with owners over several months. He said in this circumstance, the board has authority to make decisions without consulting residents.

"The only thing owners asked for, that plaintiffs asked for, was a vote on the installation of a sprinkler system," he said.

Joan Pirone, treasurer of the building board and a defendant in the case, said in May the lawsuit will simply delay necessary work.

“They don't want to move out,” she said. “I can't blame them. I wouldn't want to move out either. But it's the only way we can get this building back to how it has to be.”

Testimony continues Thursday.

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