Harvest Assets, LLC v. Northlake Manor Condominium Association

The sole issue in this appeal is whether the term special assessments in OCGA § 48-4-42 encompasses condominium assessments. We hold that it does, and reverse the trial court’s opposite conclusion.

The operative facts are not disputed. On December 3, 2013, the appellant, Harvest Assets, LLC, paid $7,600 for a tax deed to a unit in the Northlake Manor Condominium Association. Subsequently, Harvest Assets also paid $5,000 to the Northlake Manor Condominium Association earmarked for condominium assessments due after the tax sale. The Association, which claimed a lien on the subject property for unpaid condominium assessments, sought to redeem the property, and eventually obtained a quitclaim deed from the actual taxpayer. Harvest Assets initially disputed the association’s right to redeem but ultimately provided an itemized pay-off amount to the Association: $7,600 for the tax deed purchase; $1,520, representing a 20 percent premium on the tax deed purchase price; $5,000 for the condominium assessments paid; and $1,000, representing a 20 percent premium on the $5,000 condominium assessments.