Grant v. The Phoenix on Peachtree Condominium Ass'n Inc.

There was no evidence to support the defendant's counterclaims for unequal treatment based on race in a condominium association's lawsuit alleging that the defendant violated condominium rules by installing reflective tinting to the windows in his unit.

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The Phoenix on Peachtree Condominium Association, Inc. “the association”, filed a complaint against Deon Grant, claiming that he had violated condominium rules by installing reflective tinting to the windows in his unit. Grant answered the complaint and filed a six-count counterclaim against the association and its president, Steve Marshall. Counts one and two of the counterclaim alleged breach of association bylaws; count three alleged breach of fiduciary duty; count four alleged violations of the Georgia Fair Housing Act; count five sought punitive damages; and count six sought attorney fees. The association and Marshall moved for summary judgment on all counts of the counterclaim. The trial court granted summary judgment to the association and Marshall as to count four of the counterclaim, but denied summary judgment as to all other counts.

In Case No. A14A1703, Grant appeals from the grant of summary judgment as to count four of his counterclaim.1 In Case No. A14A1704, the association and Marshall cross-appeal, challenging the denial of summary judgment on the remaining counts of the counterclaim. Having reviewed the evidence in the light most favorable to non-movant Grant, we find no evidence to support Appellant’s claim of unequal treatment based on race or to support any of Grant’s other allegations of misconduct. We therefore hold that the trial court correctly found that there exist no genuine issues of material fact as to count four, but erred in finding that there remain genuine issues of material fact as to the other counts. Accordingly, we affirm the judgment of the trial court in Case No. A14A1703, but reverse in Case No. A14A1704.

Case No. A14A1703

1. Motion to amend counterclaim.

Grant v. The Phoenix on Peachtree Condominium Ass'n Inc.

There was no evidence to support the defendant's counterclaims for unequal treatment based on race in a condominium association's lawsuit alleging that the defendant violated condominium rules by installing reflective tinting to the windows in his unit.

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